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T-5184 - Agreement/Covenant - 2/15/2005
City of FR�-Qwm awdif PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10609 SUBDIVISION AGREEMENT FOR TRACT NO. 5184 S, Subdivision Agreement Tract No. 5184 Page 2 THIS AGREEMENT is made this 7,67 day of e., 2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and Pacific III, a California Limited Partnership, 4950 East Yale Avenue#101, Fresno, California 93727, 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. 5184 (hereinafter referred to as the "Final Map" and incorporated into this agreement by this reference) and has requested the City to accept the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and to otherwise approve the Final Map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of the Final Map, the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters required as Revised Conditions of Approval for Tentative Map No. 5184/UGM dated January 30, 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. 6 Subdivision Agreement Tract No. 5184 Page 3 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 June 1, 2005, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before June 1, 2006, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The 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. Subdivision Agreement Tract No. 5184 Page 4 d. 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. e. 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. Construct all landmarks,monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. Subdivision Agreement Tract No. 5184 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 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 tract shall be fenced in accordance with Public Works Standards within seven (7)days from the time said basins become operational,or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. Subdivision Agreement Tract No. 5184 Page 6 L Perform and construct all work shown on the following construction plans and any amendments thereto : L City Drawing Nos: [10-C-8543 through 1 OC-8547 with Water Job No. 4951 (5 sheets) inclusive, 15-C-11606 through 15-C-11607 (2 sheets) inclusive, unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. j. 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." k. 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 reimbursement. 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. Subdivision Agreement Tract No. 5184 Page 7 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. 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. Subdivision Agreement Tract No. 5184 Page 8 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 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, Subdivision Agreement Tract No. 5184 Page 9 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 irrigation lines. Subdivision Agreement Tract No. 5184 Page 10 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. Subdivision Agreement Tract No. 5184 Page 11 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. Subdivision Agreement Tract No. 5184 Page 12 If,within twenty-four(24)hours after such personal service of such notice orwithin forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City Engineer may,without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed,this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of City. 111 Subdivision Agreement Tract No. 5184 Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, a Municipal Corporation SUBDIVIDER JON R. RUIZ, DIRECTOR Pacific III, PUBLIC WORKS DEPARTMENT a California Limited Partnership By: Valley Pacific Builders, Inc. General Partner By: Michael T. Kim, P.E., Assistant Director By: Is P. David Wasemiller, President ATTEST: REBECCA E. KLISCH, CMC Patricia A. Wasemiller, Secretary CITY CLERK Deputy - 5-1.R to to¢ (Signators: Please type or print name and Title of Person(s) signing documents and Attach APPROVED AS TO FORM: Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: Deputy FORM Subdivision Agmement vO5-77-04 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA} COUNTY OF FRESNO) On �� 02�� before me, KELLY G. SWERTFAGER personally appeared: pel+rt CEa>f. Daw ick (,t�k�P,�'r►-r�� �, A 41�,SMU%�� personally known to me ( ) to be the person(s) whose name(s) is re ubscribed to the within instrument and acknowledged to me that he/she e � xe ted the same in his/h their authorized capacity(ies), an that by his/he their t: nature(s) on the instrument the person(s), or the entity upon behalf of w Ic the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Waj,4, (NOTARY SEAL KELLY G. SWERTFAGER COMM. #1352032 ti NOTARY PU©LIC.CPLIFORNIA FRESNO COUNTY My Comm.Expires May 14,2006 4G INSCO INSURANCE SERVICES, INC. insc%1c:o Underwriting Manager for: 0 o p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO. 566391S $ 3,498.00 premium is for a term of two vear(s) KNOW ALL MEN BY THESE PRESENTS: That we, Pacific III ,as Principal, and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto the City of Fresno as Obligee,in the penal sum of One hundred fifty nine thousand&no/100' ($159,000.00 )Dollars,for which payment,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 THE OBLIGATION IS SUCH THAT: Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which agreement,identified as Tract#5184 ,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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors, administrators, successor or assigns, shall in all things stand to and abide by, 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 obligee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal sum specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee 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 anywise affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named,on 15th April,2004 PRINCIPAL: Pacific III SU TY: Developers Surety& nity Company Lyn Genilb Attorney-in-Fact ID-1092(CA)Subdivision Performance Bond(REV.1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On before me, Roberta Voss,Notary Public, personally appeared Lyn Genito, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. ROBERTA VOSS COMM, #1338278 IL•� NOTARY PUBLIC•CALIFORNIA f-' • FRE 5N0 COUNTY p pN My NOTA Jan.19,2005 WITNESS my hand and official seal. Signature of Notary yU'��.�p�(�,��k�is�..Sk�.f ' 'y�r 4.. �, � �-'T6�w.r•�a.a t:,; �,.�.-4PT)(.dL�'A)�i.�+, �yrt3. a,Yu�-ayv.4�'��a;"��Z�•"s _ ..,. ;, +,k,���'�,.� 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 ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-IC W 24(7/00) r . 4 INSCO INSURANCE SERVICES, INC. Underwriting Manager for: 'nsC�'�O o o p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 5 BOND NO. 566391 S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Pacific III ,as Principal, and Developers Surety&Indemnity Company ,a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto City of Fresno as Obligee in the sum of Seventy nine thousand five hundred&no/100############################################################ ####### i#Z#ff####♦######## # ## i#### ## #####fi## • ## # f# # 70'500.00 ($ i7 )Dollars,for which payment, well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal,has entered into an agreement or agreements which are made a part of this bond,with the City of Fresno as Obligee for the improvements in the subdivision designated as(Tract/Parcel)Map No. 5184 ,as required by the Government Code of California. NOW THEREFORE,the condition of this obligation is such,that if the above Principal fails to make payment to any contractor, his subcontractors,or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements,the Surety on this bond will pay the same,in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors,their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement.Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Fresno California,this 15th day of April 2004 YEAR "PRINCIPAL" "SURETY" Pacific III Developers Surety, mnity Company BY: Lyn It Attorney-in-Fact ID-1265(CA)(REV.1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On tg r, Ebefore me, Roberta Voss,Notary Public, personally appeared Lyn Genito, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. ROBEF f',VOSS ��r,l;,l.X1338278 c, m N�Cnlx� uBICALIFORNIA WITNESS my hand and official seal. r r Yfly 19,2p06 Signature of Notary 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 ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA.ICW 24(7/00) 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: *** Stephen E. Highley, Matt DeFendis, Lyn Genito, Roberta Voss, Justin Smit, jointly or severally*** as their true and lawful Altorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January.2002. By: ............... .....AND,.� '•,, OMp AN y OF David H.Rhodes,Executive Vice President 4�(iPORgl F`;ms's_ t V 9 W OCT. :<: z 2 OCT.5 T 10 _o w 1936 1967 By. o� \Q 2 Walter A.Crowell, Secretary ���' ��W P•'*�a q(/FOPS a STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personalty appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seat. r ANTONIO ALVARADO p COMM.#1300303 ® Notary Public-California _ If ORANGE COUNTY � Signature My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of'said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 15thday of April 2004 By David G.Lane,Chief Operating Officer ID-1380(01/02) 'Date Tai Openld: 04/20/2004 Term: 12 Months ID:94-2881265 Number: 227390 Certificate of Deposit Account Number: 2311365 Amount of Deposit: Eight T hous and Doliors And No Cents $8000.00 This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK 1041 EAST SHAW . FRESNO, CA 93710 VALLEY PACIFIC BUILDERS, INC. FOR THE CITY OF FRESNO TRACT # 5184 4950 E YALE AVE SUITE 101 FRESNO CA 93727 Not Negotiable-Not Transferable -Additional terms are below. By scCCrcJ �(.," Additional Terms and Disclosures This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to Truth-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two of this form, some of open this account of S 1.000.00 which explain or expand on those below. You should keep one copy of this form. ❑ You must maintain this minimum balance on a daily basis to earn the Maturity Date: This account matures 04/20/2005 annual percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest ® accrued ❑ credited during a Rate Information: The interest rate for this account is2.0000 % term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT with an annual percentage yield of 2.02 %. This rate will be FREQUENCY paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal the business day you deposit any noncash item (for example, a check). that is otherwise not permitted you may have to pay a penalty. The Interest will be compounded DAILY penalty will be an amount equal to: ONE (1) MONTH'S Interest will be credited Monthly interest on the amount withdrawn. ® The annual percentage yield assumes that interest remains on deposit Renewal Policy: until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically ® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity. receive the accrued interest. ® Automatic Renewal: If checked, this account will automatically The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. other purpose is: 1 Interest ® will ❑ will not accrue after final maturity. ACCOUNT OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS and intend the type of account marked below. TIN•94-2881265 ❑ Individual . ❑ Joint Account ® Taxpayer I.D. Number - The Taxpayer ❑ Exempt Recipients - I am an exempt ❑ Joint- Husband and Wife(with right of survivorship) Identification Number shown above (TIN) is recipient under the Internal Revenue Service ❑ Community Property - Husband and Wife my correct taxpayer identification number. Regulations. ElTenancy in Common ® Backup Withholding - 1 am not subject A provision for my signature, certifying to backup withholding either because I have under penalty of perjury the statements ❑ Trust: Separate Agreement Dated P g checked in this section and that I am a U.S. ® CORPORAT ION not been notified that I am subject to backup person (including a U.S. resident alien), is withholding as a result of a failure to report contained' on the first copy of this all interest or dividends, or the Internal certificate. Revenue Service has notified me that I am no ❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding. Designation as defined in this agreement (Beneficiaries' names and addresses) ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL X X X F�?W ©1993 Bonkers Systems.Inc..St.Cloud.MN Form CD-AA-LAZ-CA(1) 10/17/2001 READ PAGE TWO FOR ADDITIONAL TERMS (pogo i of 2) DEFINITIONS: "We," "our," and "us" mean the issuer of this account P.O.D. Account With Multiple Parties - This account is owned by the and "yqu" and "your" mean the depositor(s). "Account" means the named parties. Upon the death of any of them, ownership passes to the original•certificate of deposit as well as the deposit it evidences. survivor(s). Upon the death of all of them, ownership passes to the named pay-on-death payee(s). Whether the P.O.D. Account is with single party TRANSFER: "Transfer" means any change in ownership, withdrawal or multiple parties, if ownership passes to more than one beneficiary, any rights, or survivorship rights, including (but not limited to) any pledge or such beneficiary may withdraw all or any part of the account balance. assignment of this account as collateral. You cannot transfer this account Totten Trust Account - (subject to this form) - If two or more of you without our written consent. create this account, you own the account jointly with survivorship. Beneficiaries acquire the right to withdraw only if(I) all persons creating PRIMARY AGREEMENT: You agree to keep your funds with us in this the account die, and (2) the beneficiary is then living. If two or more account until the maturity date. (An automatically renewable account beneficiaries are named and survive the death of all persons creating the matures at regular intervals.) You may not transfer this account without account, such beneficiaries will own this account in equal shares, without first obtaining our written consent. You must present this certificate when right of survivorship. Any such beneficiary may withdraw all or any part you request a withdrawal or a transfer. of the account balance. The person(s) creating either of these account This account is void if the deposit is made by any method requiring types reserves the right to: (1) change beneficiaries; (2) change account collection (such as a check) and the deposit is not immediately collected in types; and (3)withdraw all or part of the deposit at any time. full. If the deposit is made or payable in a foreign currency, the amount of Trust Account Subject to Separate Agreement - We will abide by the deposit will be adjusted to reflect final exchange into U.S. dollars. the terms of any separate agreement which clearly pertains to this account We may change any term of this agreement. Rules governing changes and which you file with us. Any additional consistent terms stated on this in interest rates have been provided. For other changes we will give you form will also apply. reasonable notice in writing or by any other method permitted by law. If any notice is necessary, you all agree that the notice will be SET-OFF: You each agree that we may (without prior notice and when sufficient if we mail it to the address listed on page one of this form. You permitted by law) set off the funds in this account against any due and must notify us of any change. payable debt owed to us now or in the future, by any of you having the right of withdrawal, to the extent of such person's or legal entity's right to WITHDRAWALS AND TRANSFERS: Only those of you who sign the withdraw. The amount of the set-off may be further limited by applicable permanent signature card may withdraw' funds from this account. (In law. If the debt arises from a note, "any due and payable debt" includes appropriate cases, a court appointed representative, a beneficiary of a the total amount of which we are entitled to demand payment under the trust or pay-on-death account whose right of withdrawal has matured, or a terms of the note at the time we set off, including any balance the due date newly appointed and authorized representative of a legal entity may also for which we properly accelerate under the note. This right of set-off does withdraw from this account.) The specific number of you who must agree not apply to this account if: (a) it is an Individual Retirement Account or to any withdrawal is written on page one in the section bearing the title other tax-deferred retirement account, or (b) the debt is created by a " . . . Number of Endorsements . . . . " This means, for example, that if consumer credit transaction under a credit card plan, or (c) the debtor's two of you sign the signature card but only one endorsement is necessary right of withdrawal arises only in a representative capacity. You agree to for withdrawal then either of you may request withdrawal of the entire hold us harmless from any claim arising as a result of our exercise of our account at any time. right of set-off. These same rules apply to define the names and the number of you who can request our consent to a transfer. BALANCE COMPUTATION METHOD: We use the daily balance method to calculate the interest on this account. This method applies a PLEDGES: Any pledge of this account (to which we have agreed), must daily periodic rate to the principal in the account each day. first be satisfied before the rights of any joint account survivor, pay-on-death beneficiary or trust account beneficiary become effective. TRANSACTION LIMITATIONS: You cannot make additional deposits For example, if one joint tenant pledges the account for payment of a debt to this account during a term (other than credited interest). You cannot and then dies, the surviving joint tenant's rights in this account are subject withdraw principal from this account without our consent except on or first to the payment of the debt. after maturity. (For accounts that automatically renew, there is a grace period after each renewal date during which withdrawals are permitted OWNERSHIP OF ACCOUNT AND BENEFICIARY without penalty.) DESIGNATION: You intend these rules to apply to this account In certain circumstances such as the death or incompetence of an depending on the form of ownership and beneficiary designation, if any, owner of this account, law permits, or in some cases requires, the waiver specified on page 1. We make no representations as to the appropriateness of the early withdrawal penalty. or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. FOR ACCOUNTS THAT AUTOMATICALLY RENEW: Each Individual Account - This account is issued to one person who does renewal term will be AUTOMATIC , beginning on not intend (merely by opening this account) to create any survivorship the maturity date(unless we notify you, in writing, before a maturity date, rights in any other person. Joint Account -This account is owned by the of a different term for renewal). named parties. Upon the death of any of them, ownership passes to the You must notify us in writing before, or within a TEN day grace survivor(s). Joint Account - of Husband and Wife With Right of Survivorship - This account is owned by the named parties, who are period after, the maturity date if you do not want this account to husband and wife, and is presumed to be their community property. Upon automatically renew. the death of either of them, ownership passes to the survivor. Community Interest earned during one term that is not withdrawn during or Property Account of Husband and Wife - This account is the immediately after that term is added to principal for the renewal term. community property of the named parties who are husband and wife. The The rate for each renewal term will be determined by us on or just ownership during lifetime and after the death of a spouse is determined by before the renewal date. You may call us on or shortly before the maturity the law applicable to community property generally and may be affected date and we can tell you what the interest rate will be for the next renewal by a will. Tenancy in Common Account - This account is owned by the term. On accounts with terms of longer than one month we will remind named parties as tenants in common. Upon the death of any party, the you in advance of the renewal and tell you when the rate will be known ownership interest of that party passes to the named pay-on-death payee(s) for the renewal period. of that party, or, if none, to the estate of that party. P.O.D. Account with Single Party -This account is owned by the named party. Upon the death of that party, ownership passes to the named pay-on-death payee(s). See your plan disclosure if this account is part of an IRA or Keogh. (pope 2 of 2) EX15E�W ©1993 Bonkers Systems,Inc.,St.Cloud,MN Form CD-AA-IAZ-CA 10/17/1001 0 °goy p mo oD 0-4 MX Mm mm MM -n- .. r o m � o m cn O m �. rn r m �. r o m p A Mr r m m rrOrn i � za�� ;■ w za +'Z1 ru .10 izs r '>M n Dm �W 0> W r ' CA amr r—G r m r'G Ln ' x Ln _ n ru � 03 r n r { f {E} � 64� j rs a t k �J 04 P 1 3