HomeMy WebLinkAboutT-5171 - Cashier Memo - 9/14/2006 city of
ESW
PLANNING AND DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section
DATE: May 23, 2006
TO: ROSIE SALDIVAR, Senior Account Clark
Public Works Department, Engineering Administration
FROM: Rei for Engineering Technician
Development Department, Building & Safety Services Division
SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR
TRACT NO 5171, Phase I of Vesting Tentative Map No. 5171/UGM
ATTACKED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5171IUGM.
1. Copy of the Subdivision Agreement for Tract No. 5171/UGM.
2. A Sunridge Developments' company check in the amount of $ 256,480.72 representing
4 total fees and charges due final map as noted of page 4 of 4 of the itemized Exhibit"B"at
the rear of subdivision agreement.
A Bank of Santa Clara Time Deposit in the amount of$ 69,000.00, which represents the
y_ five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said
subdivision agreement.
4. City's Subdivision Improvement Performance Bond in the amount of$ 1,315,000.00
5. City's Subdivision Improvement Payment Bond in the amount of$ 692,000.00
Please provide copies of the Cashier Memorandum for our records. If you should have any questions
please feel free to contact me-dt 621-8074
Respe uliy
Louis R�cha
MWMEMODOC
�r
Yd y
4.
t r
City of
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10749
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5171, PHASE 1 OF TENTATIVE MAP
NO. 5171
' T r
Subdivision Agreement
Final Map of Tract No. 5171
Page 2
THIS AGREEMENT is made this day of M� 20i_,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and SUNRIDGE DEVELOPMENTS, A California Limited Partnership, 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 the Final Map of Tract No. 5171, Phase 1 of Tentative Tract No. 5171
(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 Tract Map No. 5171, Phase 1 of
Tentative Tract No. 5171, dated April 7, 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.
Subdivision Agreement
Final Map of Tract No. 5171
Page 3
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 one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2) years of the date of this
agreement.
C. The Street Trees required for each lot shall be provided and planted by the
Subdivider upon occupancy of each lot. All species of Street Trees to be planted
in the subdivision shall be as approved by the City Engineer. The Subdivider shall
notify the Public Works Department - Construction Management Division of the
planting schedules and to schedule inspections.
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.
f
Subdivision Agreement
Final Map of Tract No. 5171
Page 4
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.
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.
i r
Subdivision Agreement
Final Map of Tract No. 5171
Page 5
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 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. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this 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.
The construction and maintenance of such facilities shall also comply with the Statement
of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for
Tract No. 5171, Phase 1 of Tentative Map No. 5171 recorded as Document
No. on , Fresno County Records
and incorporated into this agreement by this reference. (NOTE: The recording data forthis
Statement shall be added by the City Clerk).
Subdivision Agreement
Final Map of Tract No. 5171
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 and maintain the fencing/walls, landscaping,
irrigation system and certain miscellaneous improvements in accordance with the approved
improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the
designated easements or areas required in the Conditions of Approval and delineated on
the Final Map.
The improvement plans for such landscaping, irrigation system and miscellaneous
improvements 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 for improvements to be maintained by
the City's Community Facilities District No. 2 (CFD-2), such improvement plans shall be
approved by the City Engineer.
The Subdivider has elected to satisfy Subdivider's maintenance obligation of such
improvements by annexing the Subdivision into CFD-2 and shall maintain such
improvements until such time as the City Engineer determines that CFD-2 is responsible
for such maintenance thereafter. Additionally 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 and the Statement of Covenants Affecting Land
Development for the Maintenance of Landscaping and Irrigation System,Open Space,and
Entry Treatments for Tract No. 5171, Phase 1 of Tentative Map No. 5171 recorded as
Document No. on , Fresno County
Records and incorporated into this agreement by this reference. (NOTE. The recording
data for this Statement shall be added by the City Clerk)
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
Y
Subdivision Agreement
Final Map of Tract No. 5171
Page 7
I. City Drawing Nos: 10-C-8750 through 1OC-8755 inclusive (sewer
and water), 15-C-12689 through 15-C-12696 inclusive (street), and Drawing
Nos. 4-C-823 inclusive (street lighting), 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."
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
T 4
Subdivision Agreement
Final Map of Tract No. 5171
Page 8
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.
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 (provided, however, this shall be 100% of the Final Cost Estimated if same or
actual cost exceeds $25,000) 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
f �
Subdivision Agreement
Final Map of Tract No. 5171
Page 9
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
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.
( t
Subdivision Agreement
Final Map of Tract No. 5171
Page 10
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
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
Subdivision Agreement
Final Map of Tract No. 5171
Page 11
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
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
Subdivision Agreement
Final Map of Tract No. 5171
Page 12
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.
20. In the event that the actual cost or Final Cost Estimated is in excess of $1,000, all
of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements, and any maintenance of such improvements,
constitutes a"public work"as defined in Chapter 1, Part 7, Division 2 of the California Labor Code
to which Section 1771 thereof applies, and Subdivider shall cause the work to be performed as a
i t
Subdivision Agreement
Final Map of Tract No. 5171
Page 13
"public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider
shall fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the
maintenance of bonds to secure payment of contractors, including the payment of wages to
workers performing the work.
- a
Subdivision Agreement
Final Map of Tract No. 5171
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
SUNRIDGE DEVELOPMENTS,
DAVID D. HEALEY, Director A California Limited Partnership
Public Works Department
By: Northern California Universal Enterprises, Co.
A California Corporation
J� As General Partner
By: pl:l- Leo
Michael T. Kirn, P.E., Assistant Director B4oe,
ai-Chang Wu, President
ATTEST: -Chang Wu� President
REBECCA E. KLISCH, CMC
City Clerk
r
By .�tlt.G✓
Deputy (S-/tep(o`) (Attach Notary Acknowledgment)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Interim City Attorney
B 7 r
Deputy
K:\LouisrlFT 5171\FM 5171 Subdivision Agreement Final Map v03-21-06.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF 13 f)ta bO'r aj } SS.
On U= Qj] -m►_ SUV 6 before me, the undersigned, a Notary Public in and for
said State personally appeared Tve To I N-0116
Name of Signer(*)
❑ Personally known to me OR 9 proved to me on the basis of satisfactq(y evidence to be the person(s,
whose nameN (stare subscribed to the within
athe/they
ument and acknowledged to me that
executed the same in her/their
authorized capacity(ilys), and that by her/their
signatureN) on the instrument the persohN, or the
entity upon behalf of which the person(s) acted,
MARIE LA RUE executed the instrument.
Commission# 1503949
01My
Notary Public-CaliforniaWitness my hand and official seal.
Santa Clara County
Comm.Expires Jul 27,2008
Signatu e f Notary
MaT l t? La:-VAI
(Area above for official notarial seal) Name(Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
❑ Individual(s) (Although this information is optional, it could prevent fraudulent
attachment of this certificate to another document.)
Corporate Officer(s) - Title(
�TDC 1'lJ U — toy SId�A This certificate is for attachment to the document
described below:
Title or type of document 5&6 V1"'-1m i
❑ Partner(s) �iGiY m eylt :1�n6d
❑ Attomey-in-Fact � rj`7 f
❑ Trustee(s)
❑ Guardian/Conservator Number of pages
❑ Other: Date of document
Signer(s) other than named above
,y
Signer is Representing: Name of person(s) or
Entity(ies)
QS � .
SAV-191A(7/98)
EXHIBIT A Subdivision Agreement for Tract 5171
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $99,202
Well Construction Cost Estimate $500,000
Sewer System Construction Cost Estimate $119,158
Street Construction Cost Estimate $531,012
Final Cost Estimate (for Inspection Fee purposes) $1,249,372
174 Landmarks, Monuments, Lot& Block Corners ($50/ea) $8,700
Sub-Total (for bonding purposes) $1,258,072
Construction Contingency(10%) $125,807
TOTAL COST ESTIMATE*
(for improvement securities purposes) IF $1,383,879 $1,384,000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1,315,000
5% of amount shall be in cash or a Certificate of Deposit 1 $69,000
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 $692,000
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 I $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 $4,400
Minimum amount $13,400
EXHIBIT A v4/28/00 Prepared By: Frank Date: 03/22/06 Print Date:03/22/06 1:36:29 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5171
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$1 249 372 Final Cost Estimate over$500K $51,517.00
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $11 608.00
Less Inspection Fees paid with Early Street
Construction Agreement $39,909.00
Inspection Fee 01
2.MONUMENT CHECK FEE /-5- ' QIQ/— �BOyj
82 Lots and Outlots @ $30.00 per Lot ®4 $2,460.00
(Min$200)
3.STREET SIGNS `
0 Street Name Sign sets @ $173.00 per set $1,557.00 $1,557.
�J Warning/Regulatory signs @ $77.00 sign $231.00 t�o $231.00
4. STREET TREES
94 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2,820.00 $2,820.001
OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
replacement of Stamped Concrete Paving @ $20.00 per SF F nal I 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 na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Lum Sum Anticipated Maintenance Costs(Landscaping) $11 189.24
Lum Sum Other maintained features
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3,500.00
Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS
Public Works
Total $14,994.24 $14 994.24
$338.00 Estimated maximum assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet @ 5.00 per LF nal
TOTAL MISCELLANEOUS FEES&CHARGES $22,062.24 $22,062.24
EXHIBIT B v11/01101 Printed 05/10/06 8:27:14 AM Page 1 of
EXHIBIT B Subdivision Agreement for T- 5171
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
17.1244 Gross Acres
16.2911 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
82 Units(residential)
R-1 Zoning
u m Input'ugm"if within the Urban Growth Management Area or'no"
1. LOCAL DRAINAGE FEES
BG FMFCD Drainage Area
17.5790 Acres per FMFCD @ $4 940 per Acre
Local Drainage Fee ® oC� $86 840.00G
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: S.Clovis Avenue 66 000 SF
Total Square Feet ®SF
66 000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6 600.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $6,600.001 so-001-
Fee
0.00 •Fee Due for Lots under Early Issuance of Building Permits Agreement
(b Oversize Sewer Charge
351 UGM Reimbursement Area
Frontage:IS.Clovis Avenue 66,000 SF
Total Square Feet ®SF
66 000 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 300.00
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits
Oversize Sewer Charge $3,300.001 $0.00 • $3 300.00
(c)Trunk Sewer Charge 3 Is 5-0
Fowler Trunk Sewer Service Area [y
82 Units @ $344.00 per Unit 1 $28,208.001
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
Fowierl Trunk Sewer Service Area
82 Units @ $0.00 per Unit 0 0 $0.00
( Fowler Trunk Sewer Interim Fee Surety
82 Units @ $1 000.00 per Unitna I nal'
EXHIBIT B v 11/01/01 Printed 0511306 8:27:14 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 517
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
L20040907 Estimate Number
5002 Water Job Number
Estimated Deposit(FMC 14-111-f) 1 0. $0.00 (B3)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
8211*Meters to existing services @ $330.00 each 27 .00 $0.0,01 1 $27,060.0-01�h
(b2)Landscape Service Connection Charges O
112"Meters to existing services @ $530.00 each $530.00
(c)Frontage Charge
Frontage:IS.Clovis Avenue 660 LF
Sub-Total Lineal Feet(full rate) 66 LF
660 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $4,290.00
Sub-Total Frontage Charge 1 $4,290,001
Less estimated Frontage Charge Credits
Frontage Charge $4,2907M $0.00• $4.290.00
(d)Transmission Grid Main Charge
D UGM Reimbursement Area
17.1244 Gross Acres @ $643.00 per Gr Acre $11 010.99
Less Estimated TGM Construction Credits
Transmission Grid Main Charge 1 $11,010.99150.00• $11 010.99
(e)Transmission Grid Main Bond Debt Service Charge
17.1244 Gross Acres @ $243.00 per Gr Acre $4 161.23
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge I $0.00• $4 161.23
(q22110 Water Supply Fee
501-S Supply Well Service Area
82 Living Units(residential) @ $1 738.00 per Unit $142 516.00
Less Estimated UGM Water Supply Fee Construction Credits $500 000.00
UGM Water Supply Fee $0.001 Paid w!Credits
( Well Head Treatment Fee
501 lWell Head Treatment Service Area
82 Living Units(residential) @ $79.00 per Unit $6,478.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee 1 $6,478.001 $6,4788.00
(h)Recharge Fee
501 Recharge Service Area
821 Living Units(residential) @ $56.00 per Unit 1 $4,592.001
Less Estimated Recharge Fee Construction Credits $0.00 //ao—
Recharge Fee $4,592.00154,592.'007
EXHIBrr B v11/OU01 Printed 05110M 8:27:14 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for T- 5171
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(i 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
82 Living Units(residential) Q $93.00 per Unit $7 626.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 1 $0.00
1994 Bond Debt Service Fee $0.00 $7 626.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES 6 CONSTRUCTION CREDITS
(a UGM FIRESTATION FEE
15 Fire Station Service Area 7O J U
17.1244 Gross Acres Q $605.00 per Gr Acre $10,360.261 $10,360.26 $0.00
(b UGM NEIGHBORHOOD PARK FEE SII U6 _ ?/L`O�`
2 Neighborhood Park Service Area 0 ✓ r�
17.1244 Gross Acres @ $2 392.00 per Gr Acre $40,961.56 1 $40,961.56 $0.00
(c)UGM MAJOR STREET CHARGE
D- IE-2 Major Street Zone
16.2911 Adjusted Gross Acres Q $3,161.00 per AG Ac $51 496.17
Less Estimated Major Street Charge Construction Credits $0.00 315117-
Major
15/ -Major Street Charge $51,496.171 $51496.17 $00.00
(d)UGM MAJOR STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
16.2911 Adjusted Gross Acres @ $304.00 per AG Ac $4 952.49
Less Estimated Major Street Bridge Charge Construction Credits $0.00 I
,0�/
Major Street Bridge Charge 1 $4,9521-1 $4,952..•49
(e UG) M GRADE SEPARATION CHARGE
Grade Separation Service Area
16.2911 Adjusted Gross Acres Q $0.00 per AG Ac na
( UGM SEWER FEE
Fowler Trunk Sewer Service Area �
16.2911 Adjusted Gross Acres Q $0.00 per AG Ac
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES 6 CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
82 Living Units(residential) @ $414.69 per Unit $34,004.58
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge $34,004.58150.00' $34 004.58
Total Im act Fees&Charges $343,071.28 $234,418.48 $98 052.80
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES 6 CHARGES $22,062.24
TOTAL(B) IMPACT FEES 6 CHARGES $234,418.481 $98,052.80
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $256,480.72
EXHIBfT B v11/01/01 Printed 05!10/06 8:27:14 AM Page 4 of 4
Tract No. 5171
P.W. File No. 10749
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 22 , 2006 , in the office of the Fresno County
Recorder, as Document No. 2006-0037326 of which the Deed of Trust in,
by and between
SLnridge Developments, a CnJifornin limited partnership , as
Trustor, First American Title , as
Trustee and Pacific State Bank
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for the Final Map of Tract No. 5171, Phase 1 of Tentative Map
No. 5171.
DATED: March 15, 2006
zARYY
Gary A. Stewart, EVP CCO
(Beneficiary to print/type document information, Name,
Title and attach Notary Acknowledgment)
s .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
65aCounty of f ►`L �oo ss. I
Onbefore me, 1'1►1G1Lll
Daly Name itle of Office�(e.g.,'Jane Doe,Notary Public")
personally appeared _
�- Name(s)of Signer(s)
,personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personwhose name(Ajs/ e
subscribed to the within instrument and
DIANNA SCOTT acknowledged to me that he/,-NeApty executed
� Commission#1463335 r the same in his/her/their authorized
Notary Public-California capacity(io), and that by his/b(er/)Keir
' San Joaquin County signaturexon the instrument the person(p), or
My Comm.Expires Jan 17,2008 the entity upon behalf of which the personjs)
acted, executed the instrument.
WI SS my hand and official seal.
UAAA4
Signature of Notary Fublic
OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could pr ent
fraudulent removal and reattachment of this form to another document.
ription of Attached Document
Title or Type of ment:
Document Date: Number of ages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-600-676-6627
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar - Public Works Department
CD Passbook Other Time Deposit
Deposited At: Bank of Santa Clara
Certificate/Acct. No: 1807700518
Deposit Amount: $69,000.00 Maturity Date: 03/29/07
Depositor: Name: Sunridge Developments
Address: 2099 Fortune Dr San Jose, Ca. 95131
Street City/State Zip
Job Address: Tract 5171
Received By: Rose Saldivar, Public Works Engineering Date: 5/25/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By:
Name Date
Type of Releaser Mailed Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
CONFIRMATION OF TIME DEPOSIT
Financial Institution: Bank of Santa Clara-part of Greater Bay Bank N.A., McKee Office
www.bankofsantaclara.com,2150 McKee Road, San Jose. CA 95116-1428 1807700518
Account Name: SUNRIDGE DEVELOPMENTS L P PAYABLE TO THE ORDER OF CITY ssN/TIN: 56-2305254
OF FRESNO
BUSINESS TYPE: Partnership/Joint Venture
Account Number Issue Date Deposit Amount Term Maturity Date
1807700518 March 29, 2006 $69,000.00 12 Months March 29, 2007
Rate Information: This Account is an interest bearing account. The interest rate paid on the entire balance in the account will be 3.50% with an
annual percentage yield of 3.56%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until March 29, 2007.
Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded daily and will be
credited to the account monthly. Interest on your account will be credited by adding the interest to the principal. The annual percentage yield
assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to the
principal in the account each day. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a
minimum balance of$2,500.00 in the account each day to obtain the disclosed annual percentage yield.
Limitations: You must deposit $2,500.00 to open this account. You may not make additional daposits into this account. You may not make
withdrawals from your account until the maturity date.
Time Account Information: Your account will mature on March 29, 2007. If you withdraw any of the principal before the maturity date, we may
impose a penalty of the following based on the amount withdrawn and the interest rate paid on that date:
If the CD term is: Your penalty will be:
Less than 30 days All the interest that would have been earned during the term
30 to 364 days 90 days' interest
12 months or more 180 days'interest
We will use a simple interest basis to calculate the penalty. Depending upon the amount you withdraw, your CD's term and the length of time your
funds have been in the CD, the penalty may reduce the principal in your account. This account will automatically renew. You will have one of the
following grace periods depending upon the term of your account.
If the CD terms is: Your grace period will be:
Less than 30 days Maturity date only
30 to 364 days 10 days plus the maturity date
12 months or more 10 days plus the maturity date
We will extend your CD's grace period one business day if the 10-day grace period ends on a non-business day or if your CD has a term of less than
30 days and the maturity date falls on a non-business day.
Maturity Date and Grace Period: On the maturity date, your account automatically renews for a similar term with the interest rate offered for
non-promotional CDs with the same account balance and term opened that day. The maturity date for the previous term is the same as the
reinvestment date for the new term.
On the maturity date and during the grace period, if any,you may also:
' Withdraw funds without paying an early withdrawal penalty. Funds withdrawn will not earn interest from the maturity date through the day prior to
the withdrawal.
Reinvest your account by selecting a new term or changing the amount on deposit. On any day during the grace period that vols make changes to
your account, including withdrawals, a new term begins and the grace period ends. This reinvestment date will be the first day of ,,our account's new
term and your account will earn interest based on the interest rate in effect on that oate.
" Close your CD without paying an early withdrawal penalty. If you close your account during the grace period, your account will not earn interest
beginning on the maturity date through the closure date.
If,on the maturity date, the balance in your CD is less than 52,500.00:
' your new interest rate will be the same as the interest rate disclosed on the Rate Chart for our Business Savings account oil the date of your CD's
maturity
' you may be allowed one penalty free withdrawal during the next term.
Interest Payment Options: You can choose how to receive the interest earned on your CD. (1) Allow the interest to remain in your CD, or (2)
Transfer the interest to your checking or savings account at this Bank or (3) Request that an interest payment check be mailed to you. The check will
be mailed to the address we have on file for your CD account. If you request an interest check for more than one CD, a check will be mailed to you
for each account.
Additional Rate Information: A withdrawal will reduce earnings. For regular interest crediting, interest is paid from the first day of the period through
the last day of the period. As a reminder, you may have up to 10 days after the maturity date to withdraw funds without penalty. If you do not
withdraw the funds,each renewal term will be for an identical period of time as the original term.
NON TRANSFERABLE NON NEGOTIABLE Member slgnatur and Title of Authorized Financial lnstitulion)Signer
FDIC _
TIME DEPOSIT AGREEMENT - BUSINESS CERTIFICATES (12-17 MONTHS)
We appreciate your decision to open a time deposit account with us. This Agreement sets forth certain conditions, rates, and rues that are specific to
your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount
indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used In this Agreement, the woras "you", 'your"or"yours" mean the
Account Holder(s), the word"Account" means this Time Deposit Account and the word"Agreement" means this Time Deposit Agreement.. and the words
"we", "us"and"our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the nate we receive credit for noncash
items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converteo to U.S. funds
as of the date of deposit and will be reflected as such on our records.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("'nterest Rate"). and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for the term described above in the Time Account Information section. Interest
on renewed accounts will be calculateo at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
funds from your Account, you must notify us during the grace period after the Maturity Date.
Page 2 of 2
Minimum Required Penalty. If you withdraw money within six(6) days after the date of deposit, the Minimum Required penalty is seven (7)days'
simple interest on the withdrawn funds. If partial early withdrawal(s) are permitted, we are required to impose the Minimum) Required Penalty on the
amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required Penalty.
You pay the early withdrawal penalty by forfeiting part of the accrued interest on the Account. If your Account has not earned enough interest, or if the
interest has been paid,we take the difference from the principal amount of your Account.
Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal penalty (1) when one or
more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction: or (2) when the Account is an
Individual Retirement Account (IRA) established in accordance with 26 USC 408 and the money is paid within seven (7) days after the Account is
opened; or (3) when the Account is a Keogh Plan (Keogh) if you for"reit at least the interest earned on the withdrawn funds; or(4) if the Account is an
IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401. when you reach age 59 1;2 or become disabled; or (5) withir an applicable
grace period (if any).
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except IRA,
Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether
now or hereafter existing, and whether arising from overdrafts, endorsements.. guarantees, loans, attachments, garnishments, levies, attorneys' fees, or
other obligations. If the Account is a joint or multiple-party account, each joint or multiple-party account holder authorizes us to exercise our right of
setoff against any and all Accounts of each Account Holder.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your
Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability,prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we
may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnify us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
DEPOSIT PFO.Vel 9.5].10.002 Gu„rFinalr l 5du9.ins,i�c 19%.2009. .11 Rip'.%....eel C.:-C,1 L'fi1 TF-59•A
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Performance Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 2174493
Deposit Amount: $1,315,000.00 Maturity Date:
Depositor: Name: Sunridge Developments
Address: 2099 Fortune Dr San Jose, Ca. 95131
Street City/State Zip
Job Address: Tract 5171
Received By: Rose Saldivar, Public Works Engineering Date: 5/25/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By:
Name Date
Type of Release: Mailed Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
FEB, 28. 2006 10: 1201 NOR CAL UEC Na. J2y5 j
Bond No.: 2174493
Premium: $17,595.00
SUBDMSION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Coundl of the City of Fresno State of Cafifornia, ana
Sunridge Developments,_ a California Limited Partnership ("prindpal")
will be entering into an agreement whereby pr[ncipal agrees to Install and complete certain
designated public improvements, which said agreement,Identified as Subdivision Agreement
for the Final Map of Tract No._5 17 1 is hereby referred to and made a part hereof; and
Phase 1 of Tentative Tract No. 5171
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now,therefore, we, the principal and Insurance Company of theWest
as surety, are held and firmly bound unto the City of Fresno("City"), in the penal sum of
One Million Three Hundred Fitgen Thousand doilers ($**1 ,315.000.00*1 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 princlpal, his or its heirs,
executors,administrators,successors or assigns,shall in all things stand to and abide by,and
well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part,to be
kept and performed at the time and in the manner therein specified, and In all respects
according to their true intent and meaning, and shall indemnify and save harmless City, its
officers,agents and employees, as therein stipulated,then this obligation shall become null
and void; otherwise it shall be and remain in fill force and effect.
As a part of the obligation seared 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, 811 to be taxed as
costs and inciuded 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
specifications accompanying the same shall in anywise affect its obligations on this bond, and
it does hereby waive nonce 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 prindpal and surety
above named,on March 27 t 2006
Ca1 o niaeimiiednPartnership
By: Nor hern CCalifornia Universal Enterprises Co.
as General Partner
Principal:
By:
(Principal) j
Surety: Ingrurance Company of the West
urety) Horace A Nabers, III
Attorney—in—Fact
L901600'd SKI �Z I'IVA 11Halsam 90:'�T .007 a0-HIvw
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countv of Fresno
On March 27, 2006 before me. Linda K. Brager, "Notary Public",
personally appeared Horace A. Nabers, III,
® 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 lusher/their
authorized capacity(ies), and that by his/lier/their signatures) on die
instrument die person(s),or die entity upon behalf of which the person(s)
acted,executed the instrument.
LINDA K.BRAW__
COMM.#►14015
VO NOTARY PU9UC-CALIFORNIA
V .a
FRESNOsoon E TpY WITNESS my hand and official seal.
MY APRIL 212007 fires
Signa ` e of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Subdivision Improvement Performance Bond
Bond#2174493
❑ PARTNER(S) ❑ LIMITED 1 Page
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
March 27.2006
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Insurance Company of the West
No. 0000040
ICW CROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
140RACE A.NABERS 111
their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalfofthe Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005.
SURAp
i�QPOR �� d u, INSURANCE COMPANY OF THE WEST
° '� o ;x �¢.' EXPLORER INSURANCE COMPANY
,
_( i o SEAL_ 3 z i s INDEPENDENCE CASUALTY AND SURETY
opwp- 20 ��d a COMPANY
stn
i
r
Jef-ey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of Cali forma
} SS.
County of San Diego
On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannan and Jeffrey D.Sweeney,personally known to
me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and
that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
FRANCS FAFAUL
COMM. #11471784
C 01r=GO�=WTY
p� t
FEB
Francis Fafaul,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalfofthe Company, fidelity and surely bonds,undertakings,and other similar contracts ofsuretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seats,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company,and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors ofthe Companies,and are now in toll force.
IN WITNESS WHEREOF,1 have set my hand this 27th _day of March 2006`
i
Jeffrev D.Sweeney,Assistant Secretary
To seri fv the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attomev Number,
the above named individuals)and details of the bond to which the power is attached. For inforniation or filing claims,please contact Surety Claims,ICW Group,
11455 EI Camino Real,San Diego,CA 92130-2045 or call(85H)350-2400.
•
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar - Public Works Department
CD Passbook Other Subdivision Improvement Payment Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 2174493
Deposit Amount: $692,000.00 Maturity Date:
Depositor: Name: Sunridge Developments
Address: 2099 Fortune Dr San Jose, Ca. 95131
Street City/State Zip
Job Address: Tract 5171
Received By: Rose Saldivar, Public Works Engineering Date: 5/25/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By:
Name Date
Type of Release: Maiied Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
FH. 28. 2006 10: 12AM NOR CAL UEC r\ N0. 3295 1
Bond No.: 2174493
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas,the Clty Council of the City of Fresno, State of California, and
Sunridge Developments, a California Limited Partnership (■principal")
have entered or will be entering into an Agreement whereby the principal Agrees to install and
complete certain designated public improvements,which agreement,identified as Subdivision
Agreement for the Final Map of Tract No.51Z4 Phase 1 Is hereby referred to nd made a
part hereof; and ot Tentative Tract No. 517
Whereas, under the terms of the agreement,the principal Is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Fresno ("City") to secure the Claims to which reference is made in Title is (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Cede of the State of Callf6mla.
Now, therefore, the principal and Insurance Company of the West
as corporate surety,are held firmly bound unto the City and all contractors,subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section '7082 of P n 4 pf ppiv 'ppr�J*ptjhe Civil Code
in the sum of Six Hundred Ninety Two 'I'rhousand and NoUU dollars
($62.000.00*_),for materials ished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to this work or labor, that the surety V411
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 flew,including reasonable attorney's fees, incurred by City in
successfully enforcing this 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 the 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.
In witness whereof, this instrument has been duty executed by the principal and surety
above named,on March 27 20_L6
gu z'd e.Develmp n s, a
C i o ni Lim t oartne sl}i
Princ! I; By: Nort1gern �aelifornia nivpersal Enterprises Co.
Pa as General Eartuer
By.
(Principal)
Surety.• Insgrance Company of the West
lay. -
(5drety) Horace A. Na ers, III
Attorney-in-Fact
L90/800'd SRI L211111VA f USISSM 90:91 9003-90-HVW
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countv of Fresno
On March 27. 2006 before me. Linda K. Brager. "Notary-Public".
personally appeared Horace A. Nabers, III,
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose names) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in lusher/their
authorized capacity(ies)_ and that by his/lier/their signature(s) on the
LINOr* instrument the person(s),or the entity upon behalf of which the person(s)
FRES
*14OU53 acted, executed the instrument.
NDTARY NAA
MM"BLIC
FRESNO.V�/Vn�i
My CommissionExpires
APRIL 21,2007
WITNESS my hand and official seal.
Sigmatu of Notary
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Subdivision Improvement Payment Bond
Bond 42174493
❑ PARTNER(S) ❑ LIMITED I Page
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
March 27.2006
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Insurance Company of the West
-•16
No. 0000040
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
HORACE A.NABERS III
their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and Surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this I st day of November,2005.
pq PAtlY\ SURAN `IptT� ��10
apOa c� INSURANCE COMPANY OF THE WEST
4uo° �'� o v m ,-t �^.`, EXPLORER INSURANCE COMPANY
o SEALq 2a 'i �. y ,:� INDEPENDENCE CASUALTY AND SURETY
0
COMPANY
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego SS.
On November I,2005,before tine,Francis Fafaul,Notary Public,personally appeared John L.Hannam and Jeffi-ey D.Sweeney,personally known to
me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and
that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
FRANCS FAFAUL
COMM. ;.1471
Aga #10TlWY PU9lIC-tC
SAN DIEGO COUNTY
U
f BR�R BOOS
Francis Fafaul,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company, fidelity and Surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing, or
photocopying."
CERTIF IC.ATE
I
1,the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company,and Independence Casualty and Surety Company,do i
hereby certify that the foregoing Power of Attorney is in fill] force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 27th day of_ March 200
Jeffrey D.Sweeney,Assistant Secretary
To veri fv the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,
the above named individual(s)and details of the bond to which the power is attached. For information or tiling claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-7.045 or call(Si8)350-2400.
G 0 0 0 0 0 0 0 10 IO 0 0 0 0 0 0 7 0 0 0 O "D r O1 O C 0 0 0 00 0 n
c O O O O O c N C O C O O O c5 N C C O O N vi - 7 O O O O CC O c O N
O M 7 O n O O r O O - N oo N O, O oo O �n O1 O C N O - �O N O O �n O O r c O
N CO D f l r 7 N O� �O o0 7 - �n rn c S. 00 N C GC 7 O In r Ol 10 1 ni
a 7 n r O N 7 r 7 V r w r1 p pp N n 7 n In G 7 O104 go
a ' -
� a
m
m
O In
m � ~
IN m i
p W F
W T C7 Z C7 uj
W Z O �,,, W F W W v w Cr
pa CLU 7 T OC Z Z a Q 6Wr. F LU W L a a v 7 W C7 ai
W v Q Q p W l W u T Q Q p 07 C7 S W
� n Q U OC W W O F Z a < a Z n Q U
�n F Z Z [ail U p p CC F W � (: U 2 < O p U 07 cn F Z Z 3 V
z o ° NQa (i ¢ < Fz � NNz � zp � � � � aow �
.,, W ul Z n p U N Q
LU W Lu W Cool
CA Q LU � z Z z --1 W F '.3c.7 LQc.I U C.7 F F (:.] Lt] Lr�.l Lt] W '< F
v W C7 C7 U W ¢� ¢' -� U U p � Q LU
Z
cC O > a o C7 W p aG = Q u Z O u3 >
Q Z Q Q W U Z F 2 O C
O F � � Q W y C7 C7 i Q ¢ 2 O ¢ ¢
c v c c ri v c c n .� .� a F 3 3 oC U aU Ua c tt 4 4
p W Z) Z) O o c c c o 0 0 — — — — — — — — — — — —
a 0 0 0 0 O O c C r r r r r r r r r r r r r r cn C G � � 0 0 0 0
Y N N N N N N N N - - - - - - - - - - -
3 z 3 3 � � 2 2 2 2 2 2 '^ '^ '^ '^ '^ '^ '^ '^ '^ '^ '^ '^ '^ '^ 3 3 Z
J a a a. a. a. a. a a. a. a. a F= F F F F F F F F F F F F F a a _ a a a a a a
Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q
E L1 L1 L1 p p p p L1 p p p L1 p p p L1 p L1 L1 p Ll p p p p p p p p p p p p p p
IN: 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
96 a. a. a. a. a. a. M. M. a. a. a. a. a. M. M. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a a. a.
2L
t F
O
c° d a
4)
Li cL
Z d
O u
CD
U a
�rr
d`>
C
L
'i
a
m
U
cnn a
CIO
U
Old
Y
U
cD �
c o 0 o O c G O o O O O o O c o o c o o c o c O O c O c
O rt a` G O O C O0 C O0 c c C O c C C c On C O c c C O O C O C c G O
r U CI fl fJ fJ N N N N N fl fl N N N N N fJ fJ nl fI N N N fJ N N f! fl fJ fl N N N N N fl
N
O �
J V CD d
(� N O - rn - p - c - - - rl C O - m - - .c- - - - - - - -
N O V Op c fl o C r- c C c c N C c O C ^ C G c -
Z O N W fl 77 fl N N 'n 'n C ^ '7 '^ - ri n G G 11
CO O V t o o -r 'n - �n n 'n 'n o - 'n - 'n - 'n In C
oo x co 00 00 - co 00 0o r oo co co - 24co no
Cl) N cu O — -- -- * — r — — — — — — — — — — — r
t LL co C)
O
CL
d 77 - In '7 - - - r C t••1 �O r'1 ^ �'1 r 1 G� •7 - - - - �1 N '" �+1
C p p rf C �O Y M -
T 7 -
T N M41
C 10
® C O ) CI ` - -- - - C r 'n - Y r 7 O Cl 10 �o 'n 'n C 'n In Y 'n �V 7 T T - O O C C O c C C
N N N NCL O �n - n n n �O r n �n 'n n C �n - �n �n n - - .-
�`. 7 41 U T N 0 y N N N N O` 7 00 7 00 00 00 JO V1 VJ 00 00 00 :G Y Jo JO UJ JO 00 N -
fl N N In7 - T fl Y Y In Y 'n
�M"+ : m O Q F Q � Q n n In � N n � n In In n In n .n .n .•� f� N n n � .� 'n In .n In
N o o o c o c r c c c c o Irl 'o r C, c
O C O O O C C N c c O
oo N o — 'O N O
N O o0 7 O In r` �O IC
nl 7 r% 7 r` oG MolNoG� - I N1 c 7 C.
O�
Moo N 7 vi
A
O m �
d 0 H
CM C C
ig CL W.WW.
o
vi
Y
ry
z
uJ T �o
F U
zza ¢ � F w u 2 LLJ Lh
QQx �u. T zaa
O �cl) v
D V Z Q O p U c7
[,t,7 Q T rn< Ed Q U Lt] F F F
�.! Q Ltl F z w N N z w
�uy� dd zo � T y � o
z z w F a uj O rQ 0 LU LU wQ0 W vF vF F
Gz ° OQ
— — — — — — — r` -
0
Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q N
a
us: G
O O. CC F"
o
CL
LL a
O
w
U �+
O �
.z
V
Q
Vi
C
r
� R
a
m
� a
U
06
Y
U
,=
CC, CCC O C O C C O O O O O O O o
U m N N N N N r] N N N N N N N N N N N N N
N
O �
S V cp Q
N Z 0 Do WcoLLJ
co O L U) O
0 M N
Mo
UL cl) n U
O
Q
—
Q 7 7 7 '7 — Y N N1 M •O 7 7 7 Y r1 �1—n N1 •'1 —
A
—
N CL V O. N 7 v — — — — — — — — — — — — — — — — — —
mQ H Q ' Q c o 0 o c c c 2 O o o 2 2 0 2 c c 2 2