HomeMy WebLinkAboutT-5136 - Agreement/Covenant - 3/2/2005 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10686
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5136
Subdivision Agreement
Tract No. 5136
Page 2 ,
THIS AGREEMENT is madethis I dayof �(�✓�`✓1 200f—
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and THE McCAFFREY GROUP, INC., a California Corporation, 1175 West Shaw
Avenue, Fresno, California 93711, hereinafter designated and called the "Subdivider," without
regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5136 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use, and
also requires that any and all streets delineated and shown on the Final Map shall be improved by
the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No. 5136/UGM
Subdivision Agreement
Tract No. 5136
Page 3
dated February 18, 2004 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 November 30, 2005, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before November 30, 2007.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. 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.
Subdivision Agreement
Tract No. 5136
Page 4
d. -The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located within
said subdivision shall not be construed in any manner to constitute an
acceptance and approval of any or all of the streets and improvements in
the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider,the time of completion may
be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall.file a written request for a time
extension with the Director of Public Works prior to the above noted date,
who shall ascertain the facts and.determine the extent of justifiable delays,
if any. Extension of time for completion of improvements (including street
trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
Subdivision Agreement
Tract No. 5136
Page 5
3. The work and improvements are as follows:
a. Set 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
arnendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground serviced
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. Watef main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of.the Fresno
Municipal Code.
f. All "Dead-End" Streets created by .this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by.the City Engineer.
g. Any temporary storm water retention,basins constructed or enlarged to serve
this subdivision 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.
Subdivision Agreement
Tract No. 5136
Page 6
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans(i.e., Landscape and Irrigation
Plans, Grading Plans), within the Landscape Easement area required in the Conditions of
Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing to
annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser,a Notice
of Special Tax in accordance with the provisions of Section 53341.5 of the California
Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and.
Development Director except that improvement plans for landscape easement areas to be
annexed and maintained by CFD-2 shall be as approved by the City Engineer.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto
i. City Drawing Nos: [10-C-8620 through 1 OC-8621 with Water Job No.
4988 (2 sheets, includes storm drainage system improvements) inclusive, 15-C-
12065 through 15-C-12069 (5 sheets) inclusive, Drawing No. 4-C-807 (1 sheet)
inclusive], unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with. the Public Works Standards and the
construction plans.
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."
Subdivision Agreement
Tract No. 5136
Page 7
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement 'completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. .In case there are not any.Public Works Standards for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
.specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
Subdivision Agreement
Tract No. 5136
Page 8
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained;by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
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
Subdivision Agreement
Tract No. 5136 ,
Page 9
the City harmless from and against any and all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon the street rights-of-way
in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also
from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, either directly or indirectly made or suffered by the
Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the
performance of said work. The Subdivider further agrees that the use for any purpose and by any
person of any and all of the streets and improvements hereinbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for, or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance
Act of the State of California,with respect to such work or labor, and shall file with the City pursuant
to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a
valid policy of Workers' Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
Subdivision Agreement
Tract No. 5136
Page 10
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. 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
Subdivision Agreement
Tract No. 5136
Page 11
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within
twenty-four (24) hours after such personal service of such notice 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
Subdivision Agreement
Tract No. 5136
Page 12
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.
1,8. 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 inwhole or in part by the Subdivider without the written consent of City.
Subdivision Agreement
Tract No. 5136
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,- SUBDIVIDER
a Municipal Corporation THE McCAFFREY GROUP, INC.
a California Corporation
MICHAEL T. KIRN, DIRECTOR
PUBLIC WORKS DEPARTMENT
By:
Robert A. McCaffrey, President
By:"04 Aa,
ATTEST: Brent M. M ca f y, Vice President
REBECCA E. KLISCH, CMC
CITY CLERK
a
By:
Deputy _ 76 11/10/o4�
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
K:\Louisr\FT 5136\FT 5136 Subdivision Agreement Final Map
v08-26-04.wpd
LR October 18,2004
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 19, 2004, before me, the undersigned, a Notary Public for the
State of California, personally appeared, Robert A. McCaffrey and Brent M.
McCaffrey,personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public �l
L.S. My Commission E fres: nuary 2-f, 2007
IMICHELE L. HOGAN
ommission#1395535
LIENotary Public - California
Fresno County
Comm.EgkesJan21,2007
EXHIBIT A Subdivision Agreement for Tract 5135
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $21,558
Well Construction Cost Estimate
Sewer System Construction Cost Estimate $24,372
Street Construction Cost Estimate $202,026
Final Cost Estimate (for Inspection Fee purposes) $247,956
60 Landmarks, Monuments, Lot& Block Corners ($50/ea) $3,000
Sub-Total (for bonding purposes) $250,956
Construction Contingency(10%) $25,096
TOTAL COST ESTIMATE*
(for improvement securities purposes) $276,052 $276,000
*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 $262,000
5% of amount shall be in cash or a Certificate of Deposit $14,000
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 $138,000
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 $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 $2,000 .
0.5% of amount over$500,000 $0
Minimum amount $7,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 10/12/04 Print Date: 10/12/04 4:17:21 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5136
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(11.52%;$600 minimum fee)
$247 956 Final Cost Estimate>$101<:<$5001< $12,569.57
($4836+3.25%of amount over$10K)
Final Cost Estimate over$500K na
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $6 003.69:
Less Inspection Fees paid with Early Street
Construction Agreement '%$0:.00
Inspection Fee 6,565.88 $6,565.88
2. MONUMENT CHECK FEE
19'Lots and Outlots @ $30.00 per Lot $570.00 $570.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets @ $173.00 per set $692.00 $692.00
Warning/Regulatory signs @ $77.00 sign 1 $385.00 $385.00
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree na na
' 33 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $990.00 $990.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na' nal
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
19 Lots(anticipated maintenance cost) @ $337:22 per Lot $6,407.18
Lum Sum Other maintained features $0.00
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, `($1,500
19 assessment district proceedings @ $0.00:min) $2,300.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LSF----$305-.7001
Total $9 012.18 $9 012.18
$348 00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
300 Lineal Feet @ $5.00 per LF $1,500.00 $1,500.00
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250;00 per AG Ac $0.001 '$0.00:
TOTAL MISCELLANEOUS FEES&CHARGES $19 715x06'' $19,715.06;
EXHIBIT B v11/01/01 Printed 10/12/04 4:16:54 PM Page 1 of 5
~ EXHIBIT E Subdivision Agreement for T- 5136
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
5.2731 Gross Acres
4.18641 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
19 Units(residential)
Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AN FMFCD Drainage Area
5.2731 Acres per FMFCD @ $4 470:per Acre $23,571.00
Local Drainage Fee23,571.00 $23,571.:00.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: N.Blythe.Avenue 35 600 SF
Frontage: JW,Clinton Avenue 46,900 SF
Total Square Feet 82 500 SF
82 500 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $8,250.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 8,250.00 :; $0.00'` $8,250.00
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
23 UGM Reimbursement Area
Frontage: N.Blythe Avenue 3567070SF
Frontage: W.Clinton Avenue, c SF
Total Square Feet 82 500 SF
82 500 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $4,125.00
Less estimated Oversize Credits
Less estimated Overdepth Credits $0.:00
Oversize Sewer Charge EJ 7. $0;00:` $4;125:00
(c)Trunk Sewer Charge
Cornelia Trunk Sewer Service Area
19 Units @ $419:00 per Unit 117,961.00 $7,961.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e Sewer Ca acity Enhancement Charge
Cornelia Trunk Sewer Service Area
19 Units @ ":=$0.00 per Unit 0.00 $0.00
( Copper Avenue Sewer Lift Station Benefit Service Area@ Char e
0 Units ''$650,0Q per Unit $0:00: $0,00:`
EXHIBIT B v11/01101 Printed 10/12/04 4:16:54 PM Page 2 of 5
EXHIBIT B Subdivision Agreement for T- 5136
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
( Fowler Trunk Sewer Interim Fee Surety 0
0 Units @ $1;000.00 per Unit 0.00- $0.00
Payable at the rate in effect at time of
issuance of Certificate of Occupancy.The
fee rate currently in effect is$1000 per
Living Unit or Living Unit Equivlent.
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
04
20 0708 Estimate Number
4988 Water Job Number
Estimated Deposit(FMC 14-111-f) 11;000:00 $0.00 (B3)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
19 1"Meters to existing services @ $330.00 each $6,270.00 $0:00 $6,270A0
(b2)Landscape Service Connection Charges
2"Service&Meter @ $2 020.00 each2 020.00 $2,020:00
(c)Frontage Charge
Frontage: N.Blythe Avenue 356 LF
Frontage: 1W.Clinton Avenue 469 LF
Sub-Total Lineal Feet(full rate) 825 LF
825 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF 1 $5,362.50
Sub-Total Frontage Charge 1 $5,362.501
Less estimated Frontage Charge Credits ~40 00
Frontage Charge 5,362.50 `.$0:00
(d)Transmission Grid Main Charge
B UGM Reimbursement Area
5.2731 Gross Acres @ $643.00 per Gr Acre $3,390.60
Less Estimated TGM Construction Credits $0:00
Transmission Grid Main Charge 3,390.60 $0;00 ' $3;390:60
(e)Transmission Grid Main Bond Debt Service Charge
5.2731 Gross Acres @ $243.00 per Gr Acre $1,281.36
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1,281.367, $0,00 ' $1,281.36
( UGM Water Supply Fee
301's I Supply Well Service Area
19 Living Units(residential) @ $508:00 per Unit $9,652.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 9,652.00 -$9 652.00
( Well Head Treatment Fee
301 Well Head Treatment Service Area
19 Living Units(residential) @ $221.00 per Unit $4,199.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee 4,199.00 $4,199.00
EXHIBIT B v11/01101 Printed 10/12/04 4:16:54 PM Page 3 of 5
f
EXHIBIT B Subdivision Agreement for T- 5136
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(h)Recharge Fee
301 Recharge Service Area
19 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
191 Living Units(residential) @ $60.00;per Unit $1,140.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $1,140.00 $0.00:' $1;140.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
16 Fire Station Service Area
5.2731 Gross Acres @ $1;242;00 per Gr Acre 177, , ' $0:00
(b)UGM NEIGHBORHOOD PARK FEE
4
".4 Neighborhood Park Service Area
5.27311 Gross Acres @ $1:'783.00 per Gr Acre $9,401.94 $0:00 ' $9,401.94
(c)UGM MAJOR STREET CHARGE
E-4 Major Street Zone
4.1864 1 Adjusted Gross Acres @ .$3531 00 per AG Ac $14,782.18
Less Estimated Major Street Charge Construction Credits $0,00
Major Street Charge 14,782.18 $Q.00 ` $14,782'18
(d UGM STREET BRIDGE CHARGE
E-4 Major Street Bridge Zone
4.1864 Adjusted Gross Acres @ $196 00`per AG Ac $820.53
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 820.53 $0;00 ' $820.53`
(e UG) M TRAFFIC SIGNAL CHARGE
04.1864 Adjusted Gross Acres @ $860:00:per AG Ac $3,600.30
Less Estimated Traffic Signal Charge Construction Credits `'$Z,200AQ
Traffic Signal Charge 0.00 '$OA0 ' Paidw/'Credits
( UGM SEPARATION CHARGE
E-4-A Grade Separation Service Area
4.1864 Adjusted Gross Acres @ $0;00'per AG Ac na
( UGM SEWER FEE
Cornelfa Trunk Sewer Service Area
4.1864 Adjusted Gross Acres @ - $0;0.0 per AG Acna
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
4.1864 Adjusted Gross Acres @ $0`;00 per AG Ac na
Total Impact Fees&Charges -$11;9776.36 ;$47,403.00
Note: EXTENSION total includes net results of construction credits
EXHIBIT B 01/O1/01 Printed 10/12/04 4:16:54 PM Page 4 of 5
EXHIBIT B Subdivision Agreement for T- 5136
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $19,775.06.
TOTAL(B) IMPACT FEES&CHARGES $47;403:00. $61,373:30
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $67;118.06
EXHIBIT B 01/01/01 Printed 10/12/04 4:16:54 PM Page 5 of 5
8553566798 MTime Account
Receipt/Disclosure
Bank name
Wells Fargo Bank, N.A.
me ccount number Date opened erm o Time Account
8553566798 10/19/2004 months 90 days
Maturity date Interest rate Fixed rate er/ab/e rate Annual percentage yield
Your Time Account will mature on 01/17/2005 0.90 X 0.90
Interest will be paid
EVERY O1 MONTHS AND AT WITHDRAWAL
The method of interest payment wil
BY CHECK
Renewability Taxpayer identification Number(T
YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT 94-2781283
AT MATURITY UNLESS I NOTIFY YOU OTHERWISE.
The Bank is opening the above described Time Account for your deposit of
SEVEN THOUSAND AND 0/100 $ 7,000.00
Your name and address
THE MCCAFFREY GROUP, INC TRACT #5136-PAYMENT SECURITY
1175 W SHAW AVE
FRESNO CA 93711-3704
10/19/2004 10:57
C9496 04096 Bank# 00114
This is a receipt. It need not be presented at the time you obtain payment from the Bank.
WRA,R0
Account Number: 4 171F
Security Amount: 7 eo Q, OU
ASSIGNMENT
(Subdivision Agreement)
Fresno
SECURITY FORThe McCaffrey Group, Inc. , Assigned to the City of - rtereinafter
called ASSIGNOR, whose principal place of business is
1175 West Shaw Avenue Fresno Ca 93711
Street city State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all
right, title, and interest of whatever nature, of assignor, in and to the insured account of
assignor in the wells Fargo Bank evidenced by certificate of Depso4the
amount of $ 7,000.00 number which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the account by the Federal Deposit Insurance Corporation, and includes and
gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as
indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given
as security for liability for Payment'Security - Tr. 5136
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 18th day of October 2004 .
Name & Title of A616nor
Robert A- McCaffrey, President
.,, RECEIPT FOR NOTICE'<OF A'S:S.IGNMEN.T
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 /9 day of 20
Al—rti92 AN Na A 255 ,5xAuUf=�
Bank Nam
Branch Location City State
B y NJAav ,o5 /,/A,,, r.5 8445 g'),ur<&l L
Name Title of Officer
8553566723 '. -
Time Account
Receipt/Disclosure
Bonk name
Wells Fargo Bank, N.A.
me Account number Date opened Term of Time Account
8553566723 10/19/2004 months 90 days
aturity date Interest rate Fixed rate Variable rate Annu percentage yield
Your Time Account will mature on 01/17/2005 0.90 X 0.90
Interest will be paid
EVERY 01 MONTHS AND AT WITHDRAWAL
The method of interest payment will be
BY CHECK
Renewability ax payer dantification Number
YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT 94-2781283
AT MATURITY UNLESS I NOTIFY YOU OTHERWISE.
$ The Bank is opening the above described Time Account for your deposit of
SEVEN THOUSAND AND 0/100 $ 7,000.00
a
our name and address
w
THE MCCAFFREY GROUP, INC TRACT #5136-WARRANTY SECURITY
1175 W SHAW AVE
FRESNO CA 93711-3704
10/19/2004 10:36
C9496 04096 Bank# 00114
This is a receipt.It need not be presented at the time you obtain payment from the Bank.
W60168
Account Number: � 58
Security Amount: '3 e64
ASSIGNMENT
(Subdivision Agreement)
Fresno
SECURITY FORThe McCaffrey Group, Inc. , Assigned-to the City of rlereinafter
called ASSIGNOR, whose principal place of business is
1175 West Shaw Avenue Fresno Ca 93711
Street city State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all
right, title, and interest of whatever nature, of assignor, in and to the insured account of
assignor in the wells Fargo Bank evidenced by Certificate of nepso the
amount of $ 7.000.00 number which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the account by the Federal Deposit Insurance Corporation, and includes and
gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as
indicated above at anytime WITHOUT NOTICE TO ASSIGNOR. This assignment is given
as security for liability for Payment-Securi y - Tr. 5136
including �I
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 18th day of October' 2004 .
Name & Title of A si' nor
Robertey, President
RECEIPT :FOR NOTICE'OF °AS°S.fGNMENT° . . . : .
. ......... . ....
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 day of . 2004
, 20
Bank Nam Branch Location City State
By 1'jhx/,r�C 'iA1,411 ; -Bcf5 6&J,1<40'L
Name Title of Officer
�-+ WELLS FARGO BANK 11-24
TH
G 1206 VAN NESS AVE. 1210(8)
MCCAFFREY
FRESNO,CA 93721
GROUP Oc+18/04 0001-012697
1175 W:Shaw Ave. . Fresno,California 93711
(559)224-1175 . FAX(559)224.1623,
PAY EXACTLY
$67 , 118 . 06
SIXTY SE1jEN THOUSAND ONE. HUN. D ED EIGHTEEN DOLLARS AND 06/100
R
A 0
r R CITY OF FRESNO
T E 2600 FRESNO STREET TWO SIGNATURES REQUIRED
1 0 R FRESNO CA 9372
T 0 r
H F
�I E L Tr. 5136 Subdivision Agreement
1
001 2697iis 1: 12100024131:4192 15650311'
Bond Number: 567455S
Premium:
ear term stiblect to renews
FAITHFUL PERFO.RMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
THE MCCAFFREY GROUP, INC. FORMERLY KNOWN AS TREND HOMES, INC. (herein
designated as"principal") have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 o4 , and
identified as project TRACT NO. 5136
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal andDEVELpPERS SURETY AND INDEMNITY as
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of TWO HUNDRED SIXTY TWO THOUSAND---
dollars ($ 262,000.00 ) 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 OC'T'OBER 15 2004
THE MCCAFFREY GROUP, INC. FORMERLY
KNOWN AS TREND HOMES, INC.
By-
By:
Principal
Address of Surety DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH By.
IRVINE, CA 92614 B i
Y
CYNTHIA SAUCEDA, ATTORNEY-IN-FACP
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 OCTOBER 15, 2004 before me, DONNA M. SMITH, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared CYNTHIA SAUCEDA
Name(s)of Signer(s)
® personally known to me -OR- El 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
DONNA M. SMITH signature(s) on the instrument the person(s), or the entity upon
R COMM.#1300386 ; behalf of which the person(s) acted, executed the instrument.
0 NOTARY PUBLIC-CALIFORNIA
°
FRESNO COUNTY WITNESS my ha and of icial 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 ❑ General El Partner- El Limited El General
® Attorney-in-Fact ❑ Attorney-in-F Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator fil - ❑ Guardian or Conservator . .
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE.CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally ***
as their true and lawful Attorney(s)-in-Fact,to make,execute•deliver and acknowledge- for and on behalf of said corporations.as sureties.bonds.undertakings
and contracts of suretyship giving and granting unto Said Attorncy(s)-in-Fact hull power and authority to CIO and to perform every act necessary,requisite or Proper
to be Clone in connection therewith as cath of said corporations could Clo,but reserving to each of said corporations full power of Suhstitution and revocation,and
all of the acts of said Attorncy(s)-in-Fact,Pursuant to these presents.are hereby ratiticd and confirmed.
This Power of Attorney is granted and is signed by facsimile Under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1.2000:
RESOLVED.that the Chairman of the Board.the President and any Vice President ofthe corporation be,and that each ofthem hereby is,authorizeCl to
execute Powers of Attorney,qualifying the attorney(s)named in the PO%VCI'S 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,authorizeCl to attest the execution of any such
Power of Attorney;
RESOLVED. FURTI IER. that the signatures of such officers may he aFtixcd to any such Power of Attorney or to any certificate relating thereto by
htcsimilc,and any such Power oFAttorncy or certificate hearing such htcsimile signatures shall be valid and hinding upon the corporation when so affixed and in
the FLIRII-l'with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October.2003.
C:L)���
By: AND j ''•, MFANVO
David FI. Rhodes,ExecutlVe Vice-President '���,.••• ......;v0�', C,
?'POq
c Co.' OSP O Rq TF%y', ti� Up 9TH 9,
CIC OCT. <= z ? OCT.5 ° -^
LU': 10 =�; w 1967
By.Walter A.Crowell.Secretary �7 •. /OW P
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
me on the basis of satisfactory evidence)to be the Persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their sienatures on the instrument the entity upon behalf of which the persons acted.executed the insn•ument.
WITNESS my hand and official seal. �� DIANE J.KAWATA
COMM. 1334746
Notary PublicCalifo- Calltornia
L ORANGE COUNTY
Signature My Comm.Expires JAN.8,2006
CERTIFICATE
The undcrsi.ncd,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 Certificate is executed in the City of ivine,California,the 15TH day of OCTOBER 2004
By P.4w
Wesley W.Cowling, enior Vice-President,Under% n c
ID-1380(Rev. 10/03)
Bond Number: 567455S
Premium: Included in perf bon
SUBDIVIDEWS PAYMENT BOND �J
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
THE MCCAFFREY GROUP, INC. FORMERLY KNOWN AS TREND HOMES, INC. (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 TRACr NO. 5136
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 ONE Tnm M THIRTY
EIGHTY THOUSAND--- dollars
($ 1'iR f nnn oo ), for materials furnished or labor thereon of any kind, or for amounts due
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount herein above set forth, and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of said agreement or the specifications accompanying the 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 OCTOBER 15 120 04
THE MCCAFFREY CROUP, INC. FORMERLY
KNOWN AS TREND HOMES, INC.
By: 4
By:
Principal
Address of Surety
17780 FITCH DEVELOPERS SURETY AND INDEMNITY COMPANY
IRVINE, CA 92614 By.
By: �..
n
CYNJH
IA SAUCEDA ATTORNEY—IN—FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On OCTOBER 15, 2004 before me, DONNA M. SMITH, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared CYNTHIA SAUCEDA
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
�P° h 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.
0 ® NOTARY PUBLIC-CALIFORNIA
° FRESNO COUNTY WITNESS m ha and offi ial seal. ,
�I My Comm.Expires April 19,2005 y
Signature of Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee [:] -
Trustee _
ElGuardian or Conservator IN~W IN E] Guardian or Conservator -
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725.IRVINE,CA 921123 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA.doeach.hereby make,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 of said corporations,as Sureties,bonds,undertakings
and contracts of suretyship giving and granting unto Said Attorney(s)-in-Fact full power and authority to do and to perform every act nCcessary,requisite Or propC'
to be clone in connection therewith as each of said corporations could do.but reserving to each of said corporations full power of substitution and revocation,and
till of the acts of said Attorney(s)-in-Fact,pursuant to these presents.;tie 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 ot'November 1.2000:
RESOLVED.that the Chairman of the Board.the President and any Vice President of the corporation be,and that each of them hereby is.authorized to
execute Powers ofAttorney,qualifying the attorney(s)named in the Powers ofAttorney to CxecotC,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 Stich
Power ofAttorney:
RESOLVED. FURTI IER,that the signatures of such Officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate hearing Such facsimile Signatures Shall he valid and binding Upon the corporation when so affixed and in
the futtn'c with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have Severally caused
these presents to be Signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October.2003.
By: .�� „AND ��0., GOMPAN V p�
David H.Rhodes,Executive Vice-President
°�JQ``Q1�'POR4� F?�ys; GO\AP0
Fr
-'�•' OCT. ;<= z ? OCT.5 T
"'' 10 n= W 1967
By: �: 1 9 36
Walter A.Crowell.Secretary ��' /OWF, �a 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 for proved to
me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they cxccuted the
Same in their authorizCd capacities,and that by their SignaturcS on the instrunlCnt the Cntity upon behalf of which the persons acted.cxccuted the instrument.
WITNESS my hand and official seal. �� DIANE J.KAWATA
G COMM,If 1334746
Notary Public - California
` 3 ORANGE COUNTY
Signature L My Comm.Expires JAN.$2006
CERTIFICATE
The undersigned,as Senior Vicc-President.Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,does hereby certify that the foregoing Power ofAttorney 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 ofAttorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine.California,the 15TH clay of C=BER 2004
BY r
Wesley W.Cowl ing• enior Vice-President,Under\ n g
ID-1380(Rev. 10103]
4C�1C�
onscom',
L�G30Mp
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
losses that are otherwise excluded b
for any Y 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