HomeMy WebLinkAboutT-5206 - Agreement/Covenant - 2/8/2005 Recording RArd uest^d try IN III III I 1111111111111111111111111 IN I IIII I III
City Clerk, Fresno, Cal'
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FRESNO County Recorder
No Fee-Govt. Code L;103
Return to City Clerk, Fresno Robert C. Werner
DDC— 2004-0073931
Aeet 2-Chicago Title Company
Tuesday, APR 06, 2004 08:00:00
Tt 1 Pd $0.00 Nbr-0001439800
rgr/R7/3-30
City of
FRES, 1 e
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10633
SUBDIVISION AGREEMENT FOR TRACT NO. 5206
Includes "ADDENDUM TO THE SUBDIVISION AGREEMENT" FOR
RIGHT-OF-WAY ACQUISITION
Subdivision Agreement
Tract No. 5206
Page 2
THIS AGREEMENT is made this 3104 dayof Acrr4 ,2003,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and RUNNING HORSE a California Limited Liability Company, 26619 Carmel Center
Place, Suite 200, Carmel, California 93922, 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. 5206 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No. 52061UGM
Subdivision Agreement
Tract No. 5206
Page 3
dated August 6, 2003 issued by the City and any amendments thereto(hereinafter referred to as
"Conditions of Approval" and incorporated into this agreement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said tentative map, it is mutually agreed
and understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before March 31, 2006, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before March 31, 2009, (The
developer may submit a written request to the Public Works Director for an
extension of time to complete the construction of the sidewalk and driveway
approaches).
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
Subdivision Agreement
Tract No. 5206
Page 4
approved by the Parks Division. The responsibility to provide and plant, or
to inspect the required Street Tree planting, shall be in accordance with the
Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of
this Agreement and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees for Tract No. 5206,"
per Resolution No. 98-129 requirements for 50 and 54-foot local street
patterns.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met. No occupancy permit shall be
issued until all Fire Department requirements for occupancy have been met.
The issuance of any occupancy permits by the City for dwellings located
within said subdivision shall not be construed in any manner to constitute
an acceptance and approval of any or all of the streets and improvements
in the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays,if any. Extension of time for completion of improvements(including
street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements,more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
Subdivision Agreement
Tract No. 5206
Page 5
2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks,monuments and lot comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdividers engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdividers attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street
light system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
Subdivision Agreement
Tract No. 5206
Page 6
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges"are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation Plans, Grading Plans), within the Landscape Easement area required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing
to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser, a
Notice of Special Tax in accordance with the provisions of Section 53341.5 of the
California Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect,certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:[10-C-8554 through 10C-8562 with WaterJob No.
4960 (8 sheets) inclusive, 15-C-11628 through 15-C-11640 (13 sheets)inclusive,
Drawing No. 4-C-774 (1 sheet) inclusive], unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: AS-2-1
through AS-2-5 (5 sheets) inclusive, unless specifically omitted herein.
Subdivision Agreement
Tract No. 5206
Page 7
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions, the total fees and charges due as a condition of
Final Map approval. The total fees and charges are more particularly itemized and made
a part of this agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted
and made a part of this Agreement. In case there are not any Public Works Standards for any of
said work, it is agreed that the same shall be done and performed in accordance with the
standards and specifications of the State of California, Division of Highways. All of said work and
improvements and materials shall be done, performed and installed under the inspection of and
to the satisfaction of the City Engineer.
Subdivision Agreement
Tract No. 5206
Page 8
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one(1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
Subdivision Agreement
Tract No. 5206
Page 9
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.
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
Subdivision Agreement
Tract No. 5206
Page 10
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
Tract No. 5206
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,
Subdivision Agreement
Tract No. 5206
Page 12
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
Subdivision Agreement
Tract No. 5206
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
RUNNING HORSE LLC
JON R. RUIZ, DIRECTOR a California Limited Liability Company
PUBLIC WORKS DEPARTMENT
By:
By: ott Webb, Manager
Michael T. Kim, P.E., Assistant Director
ATTEST:
REBECCA E. KLISCH, CMC
CITY CLERK
(Attach Notary Acknowledgment)
0
By: o
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
FORM Subdivision Agreement v10-03-03
LR March 1,2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Fresno ss.
On 3 r.3`-O q before me, ' O /YI A [-t2STY0
Dateamj and Title of Oer(e.g.,"Jane Doe,Notary Public")
personally appeared elkBic
Name(s)of Signer(s)
❑personally known to me
❑ 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
RALPH L. CASTRO capacity(ies), and that by his/her/their
Commission 1290036 [[ signature(s)on the instrument the person(s), or
Notary Public - Colifomlo the entity upon behalf of which the person(s)
Fresno County – acted, executed the instrument.
My Comm.Expires Feb 7.2005
WITNESS my hand an 0 offi ' seal.
Signature of Notary Public
OPTIONAL
I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
I
Description of Attached Document
Title or Type of Document: S L)h cl l V!S l D h lgare YlIIF'Yl 4
Document Date: Number of Pages: 13
I
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: 000
N(Individual Top of thumb here
❑ Corporate Officer—Title(s):
I ❑ Partner—❑ Limited ❑General
( ❑ Attorney-in-Fact
I ❑ Trustee
( ❑ Guardian or Conservator
i ❑ 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.Call Tog-Free 1-800.876.8827
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 1, 2004 before me, Elvia Sorwervil le, Deputy City Clerk
personally appeared Michael T. Kirn, P.E. , Assist. Public works Director
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument(s)the person(s),or the entity upon behalf of the CITY OF FRESNO
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK
o �
By -�
DEPUTY
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EXHIBIT A Subdivision Agreement for Tract 5206
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $363,621
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $150,572
Street Construction Cost Estimate $1,442,020
Final Cost Estimate(for Inspection Fee purposes) $1,956,21311
178 Landmarks, Monuments, Lot& Block Corners($50/ea) $8,900
Sub-Total(for bonding purposes) $1,965,
Construction Contingency(10%) $196,]5
TOTAL COST ESTIMATE*
(for improvement securities purposes) $2,161,624 $2,162,000
*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 $2,054,000
5% of amount shall be in cash or a Certificate of Deposit $108,000
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 $1,081,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $50,000
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 �- $50,000
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 $8,300
Minimum amount $17,300
EXHIBIT A v4/28/00 Prepared By: Frank Date: 03/01/04 Print Date:03/01/04 12:13:17 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5206
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K F na
(11.52%;$600 minimum fee)
$0 Final Cost Estimate>$1 OK<$500K na
($4836+3.25%of amount over$10K)
$1,956,21 Final Cost Estimate over$500K $80 497.73
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Construction Agreement
Inspection Fee $80,497.731 $80,497.73
2. MONUMENT58CHECK
Lots and Outlots @ $30.00 per Lot 1 $1,740.00 $1,740.00
(Min$200)
3. STREET SIGNS
12 Street Name Sign sets @ $173.00 per set $2,076.00 $2,076.00
0 blaming/Regulatory signs @ $77.00 sign $693.00 $693.00
4. STREET TREES
149 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4 470.00 $4,470.00
5. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(})(6
Lum Sum Charge as established by Public Works Director na na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
58 Lots(anticipated maintenance cost) @ $257.09 per Lot $14 911.22
Lots(Incidental expenses:legal fees,
publications,mailings,engineering,
58 assessment district proceedings @ $0.00 $2 300.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $17,516.221 $17,516.22
$267.061 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
150J Lineal Feet @ $5.00 per LF $750.00 $750.00
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @F_$250.00 per AG Ac F $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $107,742.95 $107,742.95
f
EXHIBIT B v11/01/01 Printed 03/01/04 4:43:17 PM Page 1 of 4
EXHIBIT B Subdivision Agreement for T-5206
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
19.8605 Gross Acres
18.5354 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
58 Units(residential)
R-1 Zoning
ugml Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AS/AT FMFCD Drainage Area
19.9995 Acres per FMFCD @ $4,960 per Acre $99,198.00
Local Drainage Fee $99,198.001 $99,198.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: IS.Marks Avenue 129 400 SF
Total Square Feet 129 400 SF
129 400 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $12 940.00
Less estimated Lateral Sewer Charge Credits I $0.00
Lateral Sewer Charge $12,940.003 $0.00 $12 940.00
(b)Oversize Sewer Charge
29 UGM Reimbursement Area
Frontage: S.Marks Avenue 129,400 SF
Frontage: W.Madison Avenue 63 000 SF
Total Square Feet 192 400 SF
192,400 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $9,620.00
Less estimated Oversize Credits $3,452.00
Less estimated Overdepth Credits $11 505.00
Oversize Sewer Charge $0.00-1 $0.00 Paid w/Credits
(c)Trunk Sewer Charge
Trunk Sewer Service Area
58 Units @ per Unit 1 $0.00 $0.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
na Trunk Sewer Service Area
58 Units @ F $0.00 per Unit na na
(
Copper Avenue Sewer Lift Station Benefit Service Area Charge
D Units @ F $650.007 per Unit na nal
EXHIBIT B 01/01/01 Printed 03/01/04 4:43:18 PM Page 2 of 4
iu.
EXHIBIT B Subdivision Agreement for T-5206
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2003 1215 Estimate Number
4960 Water Job Number
Estimated Deposit(FMC 14-111-i) $6,400.00 $6 400.00
(b1)Service Connection Charges
53 1"Meters to existing services @ $320.00 each $16,960.00 $0.00 $16,960.00
5 1-1/2"Meters to existing services @ $470.00 each $2,350.00 $0.001 $2 350.00
(b2)Landscape Service Connection Charges
2"Meters to existing services @ $620.00 each $1.240.001 $1,240.00
(c)Frontage Charge
Frontage Charge so-051 $0.00
(d)Transmission Grid Main Charge
C UGM Reimbursement Area
19.86051 Gross Acres @ $560.00 per Gr Acre $11,121.88
Less Estimated TGM Construction Credits $89,973.00
Transmission Grid Main Charge $0.00 jPaid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
19.8605 1 Gross Acres @ $243.00 per Gr Acre $4,826.10
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $4,826.10 1 $0.00 $4 826.10
( UGM Water Supply Fee
401 Supply Well Service Area
581 Living Units(residential) @ $323.00 per Unit $18,734.00
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $18 734.00 $18,734.00
( Well Head Treatment Fee
401 Well Head Treatment Service Area
581 Living Units(residential) @ $27.00 per Unit $1,566.00
Less Estimated Well Head Treatment Fee Construction Credits $0.00
Well Head Treatment Fee $1 566.00 $1,566.00
(h)Recharge Fee
40 IQ Recharge Service Area
581 Living Units(residential) @ $0.00 per Unit $0.00 $0.00
(i)1994 Bond Debt Service Fee
40-Q 1994 Bond Debt Service Fee Service Area
581 Living Units(residential) @ $0.00 per Unit $0.00 $0.00
EXHIBIT B v11/01/01 Printed 03/01/04 4:43:18 PM Page 3 014
EXHIBIT B Subdivision Agreement for T-5206
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UGM FIRE STATION FEE
Undesi nated Fire Station Service Area
i
19.8605 Gross Acres @ $800.00 per Gr Acre $15 888.40 $0.00 $15 888.40
(b)UGM NEIGHBORHOOD PARK FEE
3 Neighborhood Park Service Area
19.8605 Gross Acres @ $2,220.00 per Gr Acre $44,090.31 $0.00 $44,090.31
(c)UGM MAJOR STREET CHARGE
E-31 Major Street Zone
18.5354 Adjusted Gross Acres @ $2 795.00 per AG Ac $51 806.44
Less Estimated Major Street Charge Construction Credits $165,248.00
Major Street Charge $0.00 $0.00 Paid w/Credits
(d)UGM MAJOR STREET BRIDGE CHARGE
E-31 Major Street Bridge Zone
18.5354 Adjusted Gross Acres @ $160.00 per AG Ac $2,965.66
Less Estimated Major Street Bridge Charge Construction Credits $0.00
Major Street Bridge Charge $2 965.66 $0.00 $2,965.66
(e)UGM TRAFFIC SIGNAL CHARGE
18.5354 Adjusted Gross Acres @ $860.00 per AG Ac $15 940.44
Less Estimated Traffic Signal Charge Construction Credits $10,250.00
Traffic Signal Charge $5,690.44 $0.00 $5,690.44
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
18.5354 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
18.53541 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00
(h)OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
18.5354 1 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00
Total Impact Fees&Changes $232,848.91 $127,138.00 $105,710.91
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $107,742.95
TOTAL(B) IMPACT FEES&CHARGES $127 138.00 $105,710.91
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $234,880.95
EXHIBIT B 01/01101 Printed 03/01/04 4:43:19 PM Page 4 of 4
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS,this is an addendum("Addendum")to a subdivision agreement("Agreement")
entered into pursuant to the Subdivision Map Act, specifically, Government Code Section 66462,
affecting the Final Map of Tract No. 5206 ("Final Map"); and,
WHEREAS, Revised Vesting Tentative Map No. 5206/UGM, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City of Fresno approved the project subject to certain conditions of
approval, which conditions required several public improvements in order to mitigate the impacts
of the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the Final Map,the Fresno City Council,as the Legislative
Body approving final maps under the Map Act, must find the final map is in substantial compliance
with the tentative map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed and
accepted at the time of approval of the Final Map; and,
WHEREAS, this Addendum pertains specifically to the street improvements beyond the
limits of the Final Map required in the Tentative Map conditions, which require the Subdivider to
develop the infrastructure of, and dedicate the right-of-way for, certain public streets that will
directly or indirectly serve the project; and,
WHEREAS, with respect to such street improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of final map
filing to permit the improvements to have been completed prior to final map filing; and,
WHEREAS, the Subdivider has notified the City (through the Public Works Director or
Planning and Development Department Director) of the Subdivider's inability to acquire the
necessary easements and rights-of-way by negotiation, and has requested City to use its best
efforts to acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the necessary
easements for the required public right-of-ways, at the expense of the Subdivider.
Ur
Addendum to Subdivision Agreement
Tract No. 5206
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary easements,
including, but not limited to the fair market value of the easements, legal fees, non-legal
staff time, appraisal fees, any necessary court costs.
2. Subdivider shall initially deposit, upon execution of this agreement,the sums set out in the
paragraph below captioned, "Summary of Initial Deposit". Such sums shall be utilized by
the City to acquire the necessary easement and right-of-ways. If the initially deposited
funds are less than the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such additional sums as may be required from time to
time to conclude the matters, such further payments to be made within ten (10)days of the
mailing to the Subdivider of a notice requesting such additional funds. The notice shall
state what costs have been incurred to date, what additional costs are anticipated; and
how the City intends to apply these additional deposits. Subdivider's dissatisfaction with
the adequacy or sufficiency of the notice for any reason shall not excuse Subdivider from
any duty or obligation, including the obligation to deposit additional sums. If deposited
sums exceed the actual full cost to acquire the subject rights-of-way, then at the
conclusion of acquisition, City shall refund the difference as soon as the City determines
the amount of such excess.
3. Subdivider shall have the option of providing timely appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the City
Attorney, in lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may
increase if City's acquisitions costs related to any City efforts to acquire the property
increase. Subdivider agrees to pay all proper and necessary charges incurred or paid by
City in pursuing the acquisition of the subject property. City incurs no liability for its failure
to accurately or properly estimate the actual costs incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date prescribed,
the City shall have the following remedies in addition to any other remedies available to
it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may summarily
revoke any and all permits issued to build such project
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall , 7
c`
Addendum to Subdivision Agreement
Tract No. 5206
Page 3
indemnify and hold City harmless from any and all costs, fees, damages and
expenses incurred as a result of the proceedings and the termination and
abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed and
treat all costs incurred pursuant to this agreement as a debt due and owing to the
City. In this event, the sums so demanded in the notice to deposit shall be
presumed to be proper, necessary and correct for continued proceedings to
acquire the easements. Upon the failure of Subdivider to make timely and full
deposit, as required by the notice, City shall collect interest on the amount
demanded, to the extent the amounts reflect cost actually incurred, and upon any
amounts thereafter incurred, at the rate of ten (10) percent per annum until paid.
In any action brought by the City as the result of Subdivider's failure to timely and
fully deposit the amounts demanded, City may recover its reasonable attorney's
fees and litigation costs.
6. It is anticipated that it may be necessary for City to exercise its powers of eminent domain
in order to acquire the necessary public right-of-way easements. Any determination to
proceed with eminent domain will be made by the City Council of the City of Fresno, upon
necessary findings. The City Council does not make any representations, guarantees or
warranties, nor commits under this agreement, that it will exercise any of its authority or
powers of eminent domain.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision to settle
the acquisition proceedings if the proposed compensation exceeds the opinion of value
established by the City's appraisal or the property owner's appraisal. However, such
participation shall be limited to advising City staff where the giving of such advice does not
interfere with, restrict, delay or impede the City Attorney in the prosecution or compromise
of the condemnation proceedings, as she deems necessary and appropriate in the
exercise of her sole professional judgement and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign the
City's rights and responsibilities under this task to the County in order for the offsite road
conditions to be implemented, the City may do so with written notice to Subdivider. Upon
such assignment, all references to statutorily required actions on the part of the City in
connection with eminent domain proceedings shall be construed to mean those same
actions or legal equivalents on the part of the County. The Subdivider's responsibilities
remain unchanged. 12
Addendum to Subdivision Agreement
Tract No. 5206
Page 4
9. Compliance with the terms and conditions of this agreement is a condition of approval of
any and all UGM subdivision map projects which are the subject of the principal agreement
to which this ancillary agreement is a part.
10. Subdivider agrees that the Final Ma shall be deemed filed as of the date the Cit Council
P Y
finds the Final Map in substantial compliance with the tentative map and approves the
same.
11. Subdivider acknowledges that, by execution of the Agreement, including this Addendum
and the City's acceptance of the Final Map, Government Code Section 66462.5 is
inapplicable to this subdivision.
12. Subdivider acknowledges that the tentative map approval was expressly conditioned upon
the street improvement and right-of-way being provided as project mitigation. Nothing
herein shall constitute as a waiver by the City of its police power or of its authority to
protect the public against adverse development project impacts. Nothing herein modifies
the tentative map conditions imposing offsite street improvements,or of any other tentative
map condition, except as expressly provided for in the Agreement or in this Addendum.
Subdivider will not seek to invalidate any claim or defense made by or on behalf of the City
in pursuance of procurement of the street and right-of-way on any grounds including, but
not limited to, the fact that all or a portion of the street right of way traverses through
unincorporated territory within the jurisdiction of the County of Fresno. Subdivider agrees
to act in good faith in implementing the road condition and to actively assist City in seeking
to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or deposits
posted by or for Subdivider in conjunction with the development as security for the
payment of any costs, charges or fees called for by this Agreement.
14. Upon recordation of the Subdivision Agreement to which this addendum is incorporated
by reference, City shall have a lien upon the lands more particularly described in the
Subdivision Agreement as security for the payment of any costs, charges or fees called
for by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide to
Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this agreement,
however, shall not excuse Subdivider's duty to perform any act, particularly the duty to
make full and timely deposits in accordance with any demands and notices by the City.
Upon rendering of the final accounting referenced herein, Subdivider may question or
f'
Addendum to Subdivision Agreement
Tract No. 5206
Page 5
challenge any use of funds set forth in such accounting and may appeal same to the City
Council.
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-bearing
account of the City's choice,and may be co-mingled with other City funds in such account.
Interest accruing upon any such deposit shall inure to and be created for the benefit of
Subdivider,less the City's reasonable or actual costs of administering the account and less
any other charges which may be required or authorized by law. The parties agree that five
per cent of the amount(s) deposited is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain consequences
in the event of Subdivider's breach, such as inverse condemnation liability, abandonment
(by operation of law)of the condemnation action, and award to the property owner of her
litigation expenses and reasonable attorney's fees and sanctions imposed by the Permit
Streamlining Act (Government Code Section 65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit. Easement Acquisition for property required to provide
additional Right-of-Way on South Marks Avenue for Tract No. 5206.
AMOUNT DEPOSITED: ITEM:
$ 78,000 Estimated Land Value of Easement(s)
$ 3,000 Escrow and Title Fees
$ 10,000 Real Estate Staff time
$ 12,500 Attorney Staff time
$ 20,700 Contingency (20%)
$ 124,200 TOTAL (rounded)
Addendum to Subdivision Agreement
Tract No. 5206
Page 6
This estimate was based on supposition. No professional appraisal has been
proffered by the Subdivider. If the Subdivider does not provide an appraisal,and the
City has to contract for one, an additional $5,000 should be added to the estimate.
The Subdivider also has not supplied street plans, legal descriptions,deed drawings
or title reports. The total area of easement(s) to be acquired is thought to be
approximately 39,000 square feet.
Tract No. 5206/UGM
P.W. File No. 10633
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on October 30, 2003, in the office of the Fresno County Recorder, Document No.
2003-238226 of which the Deed of Trust in by and between Running Horse LLC, a California
Limited Liability Company, as Trustor, Fidelity National Title Company, a California Corporation,
as Trustee and Leonard C. Patterson and Joyce L. Patterson, Husband and Wife as Joint
Tenants, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial
interest thereto to the foregoing Subdivision Agreement for Tract No. 5206, of Vesting Tentative
Map No. 5206/UGM.
DATED: ( , 20
BENEFICIARY
Leonard C. Patterson and Joyce L. Patterson
Husband and Wife as Joint Tenants
B :
eonard C. Patterson
Joyce L. Patterson
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA )
COUNTY OF a snp ) SS.
On M ar G h 20 ay before me, Ro b!ir► V
a Notary Public in and for said County and State, personally appeared L-pr Ard C !"�a4-4crso
IL boy c c. L . ?c4++1✓r Sot's
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and„acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)'on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
^ROBYN V.ALBERT
COMM.#1329761 m
Sig(naturerof Notary NOTARY PUBLIC•CALIFORNIA20
FRESNO COUNTY
My Comm.Exp.Nov.12,2n06
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
a Notary Pubic in and for said County and State, personally appeared —
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
EX'rN0T1 -•09/23/98bk
Tract No. 5206/UGM
P.W. File No. 10633
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 2, 2003, in the office of the Fresno County Recorder, Document No. 2003-
238227 of which the Deed of Trust in by and between Running Horse LLC, a California Limited
Liability Company, as Trustor, Fidelity National Title Company, a California Corporation, as Trustee
and The Sieling Family Trust, under Declaration of Trust dated July 18, 2002, as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for Tract No. 5206, of Vesting Tentative Map
No. 5206/UGM.
DATED: , 20Qq
Sworn to and subscribebetore me,in my presenc-)
thi5/(qday of ����� y , A Viro;r', BENEFICIARY
Nota- ry Public. In and for the S,kte at Larqie The Sieling Family Trust
Under Dec arati r} f Trust dated July 18, 2002
i t S 19 '-Y3 E.� �c'ln�il.k-�J•-�c1�i'�I l h O•ti
By:
V ? onald J. S ing, Trustee
B jl //
y.
Nancy C nteno Sie g, Trustee
(Attach Notary Acknowledgement)
LA
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
f
I; State of
I County of
r. 1
On CJ _ meq– �V before me, iLj, lsA–S ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared1141",V 1 ,
I
Name(s)of Signer(s)
I' Npersonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(V
I' whose name0 o is/"subscribed to the within instrument
I' and acknowledged to me that h@/she/t* executed the
same in hie/her/tXir authorized capacity(I*,and that by
Pis/her/tFyectr signatureN on the instrument the person*, f
I or the entity upon behalf of which the person(a(acted,
VICTORIA E.VENEGAS executed the instrument.
I Commission#1325147 z
Notary Public-California ; WITNESS my hand and official seal.
Monterey County
I' My Comm.Expirr,•s Oct t a,2ilQE
Signature of Nota Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
` fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ` Ci(T O�
l
Document Date: – Number of Pages: _
I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
I. Signer's Name: Signer's Name:
1:.
f 2S, Individual Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
I' ❑ Attorney-in-Fact ❑ Attorney-in-Fact
I' ❑ Trustee ❑ Trustee
ElGuardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
I,
I
Signer Is Representing: Signer Is Representing:
I
I
I
f, !
1
I
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827
FROM ; FAX N0. Mar. 23 2004 11:46AM P2
MAR-23-2004 1125 BALANCE. SURETY P�02
Bond Number.200044
Premium:S41 080.00/2 Year Term Y.
(Subdivision AgreemenQ
WHEREAS, the City Council of the City_ of Ft;asnnr State at Califomi8,
Running Morse;LLQ (herein
designated as"principal"Zhave enteradintaasapteemeptw#ter�y ncip a inei
and Complete certain designated public improvements, which said agreement, dated
identinedw5 ojed Tract 5206 Running BQrse Oaveloomont Kearney Park _and)
Whereby-refermd-ta andmade apart tweor;-arld'�
WHEREAS, said prirv-,Ipal is required urwWthelarms cUsald Weemam to furrtts a
bond for the faithfulperfamrmrrce of-saidagreement.
Amerfc�CoMracters Indemnity-Compon
NOW, THEREFORtE, we, the principal and �1
surety,are held.andfirmty..bounduntmUuzCit vt iesne-t "City;in th)
penal sum-of Two-million of y four thousand&00/100'~
dollars 4S 2.054.00d.00 }iawful-mcney oFthettrntedSta2as,.Cor.lhe payment
of which sum well and truly be made,we bind ourselves,our heirs,successors,executors and
administrator jo"..:and- .fIi yR by!hese p
The conditiert ell" a vabbundbdprincipai;his or iV
heirs,executors,administrators.successors or assigns,shall in all things stand to and abide•
by.-aM*eN ana tr uly keela OldafiirCOaretlaAtS:cor-ltgti WWrand proVislons in the said!
agreement and any alteration thereof made as therein provided,on his or their part,to be
kept and 0860 mad St-l&tiirlle 41M in the-manner 110 Girrsperifrcd:and in all respectSj
according to their true intent and meaning,-end shall indemnifyand-saxe.hartnies s.the City,
its officers, new-Fts ar►d zmptoyaes,'as,therein stipulated, then this obligation shall become
null and void:otherwise it shalt be._andcemain..iatuMlarce-and�effaCt.-
As padmLthatatiliyativasecuro;sdboi<reiay-arid-In unt spedfie�
therefor, there shall be included costs and reasonable expenses and fees, including
rsasor3abte atlorAe a fees; tg o6Ggation:all1�
be taxed as costs and included in any judgement rendered.
The surety herfty-stiputates and-agrees that no change, extension of time,alteration ori
addition to the terms of the agreemenLorto-the_ therouimlw-or-t
specir"ions acimpanying the same shag in anyway affect Its obligations on this bond,a
z'
it does-hereby-waive notice ka<y-suctv char .@rtt9f1Si0rt O� alteraboi i oi addni=tm
the terms of the agreement or to the work or to the specifications.
FROM : FAX N0. Mar. 23 2004 11:47AM P3
MAR-23-2004 11:25 BALANCE SURETY P.01,
Faithful Performance Bond
(Subdivision Agro nnent)
Page 2
In witness whereof;this instrtmtertit has been duly executed by lige principal and surety above
named, on March 23 _20_04
Principal..
Running-hlorse,-LLC
By-
By:_
Surety
Address-of Surety--- Ame►icwCom,aetom Indemnity Company,
984 Xrpogd.Bfi+d HT-H FToor..
Low*ngeles-CA90D45-. B KeWE Sandrocic;Sf Attori+ty=ln-Fectt.
Attention Regan Jamas/Phone 800-486.6695
SUrety Ackno+Medgrnaf►t-byL-a#orney-indact-mustbe-atta tvv
Bof�dF"orm.�
Revised 05114R@01
FROM FAX NO. Mar. 23 2004 11:47AM P4
MAR-23-2004 11:25 BALANCE SURETY P.04
STATE OF Carfornia
COUNTY OF Orange 55.
On- _ .'74arCh z3, 2004 before me. .Natarte Caieedo
PERSONALLY APPEARED Xt?it`! E. Sandrock, Sr.
prrsvnally known toww(or provetf to me on.tile basis of
satisfactory evidence) to be the person(s) whose name(s)
is/ere subscribed.to-the..wiU numtrutvwmt nnd-acknowj)
edged tome that he/she/they executed the same in his/
her/their authorized capacity(ies),.nndAh&L by-.hi0herl
their signature(s) ort the-instrorsient'the person(s), or the CrA�rF
entityon behalf of which the
upon person(s)acted.executed "
the instrument. . -
n9e �
WITNESS and offi vent:- Oj
Y _ R les
�+
Signatur . _. This area jpc 0#WW NOtarW Sed. .
0"
Though the data below is not required by law,n may prove vak eble to penats-reyria¢on the-docuw&ov sad Mould prevent
treuduleM ieatlachrrienl of th(s.toma_.
O INDIVIDUAL
0 CORPORATE OFFICEft
. . rn.Ep�.. .
TITLE OA.TYPE OF DOCUMENT -
❑ PAftTNER(5) ❑t1rosFEfr ,
vCTGENEAAL
/1.0 ArTORNGy4u-FAc-z--_- NUMBEROF.PAGE c,
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVAIOfl.-
❑ oTHEA:
DATE OFDOMMENT
SIGNER IS REPRES09016—
NaAIE t)R rE0.50Nt97 M�SNTTYtIltir .... ._ -
-american Contractors IndemnityCompany
-- SIGNEP0"DTMEWTi W-NAMED ABOVE
1
113464 Rm.b/%-- ALL�MMLYOSE ACKNOWLEDGi EMEI*T
FROM FAX NO. Mar. 23 2604 11:47AM P5
MAR-23-2004 11:25 BALANCE SURETY
JA Cn4raetar's lndEmnrty Company
9841 Airport Blvd.,9th Fluor,Los Angeles,C&hf6fnitr 9W43
POWER OF ATTORNEY 1.3-2615
KNOW ALL MEN BY THESE PRESENTS: _
That American Contractors Indemraty-Compattgotbe St
tate of Califomik,a California corporation does hereby appoint,.
Keith E.Sandrock Sr.,Patricia&Sandrnckor Naj&He.-eaieedv�
Its true and-lawful Attorneys)-io-Fact, with full authority to execute nn its t+ehaJf bonds, undertakings, recognisances.and other.r4o,w
of indemnity and writings obliSptnry.in-thc nature_ther f-irsned-irrtwcourse.of its-busiuss and to bind-the Company thereby, in and
Amount notto exceed1 ***3,000;000:00***Do1lars This Power of Attorney shall expire without further action--tiA.
September 27,2005.
This power of Attorney is granted and is sighed and sealed by facsimile under and by the authority of the following
by the Board of Dimctors OLAMERICAN- _11eso{Wt;on adopt
C.4WT�70RS-1NptrvtNI y-CpMpAW.at a-towing dtdy called and held lu the 6th day-,
of De-ernber,-I990.
"RESOLVED that the Chief-Exccativc-t 1fm0r, Prts[deat or any.[Qca.PresidAw; Fseetrtivr YfcY President. Secretary or Assistant Secretar
ty, shall hgve
ree power and authority
I. To appoint Attorneweia-Fact a+rQttt auNtortmlrtrnr ttr execute on behay oJthe Company,and attach the sea[of the Company tlureto,
hunch'and undertakings,cfmiracts of indemnity and other writings ohligatory in the naftnt therpaC,tnd,
2. lit remove,at anytime,any such:fitbrAivHn fdel ani!Pevoke the authority Kiwn.
RESOLVED FURTHER. a4t the slgnaiuns.oj'Su Cq icets.unctthe..4601 of thr-6-Pany may he g/Ared to any such Power of Attorney or certiipeme
Palating therrw byAcrimi[e, and any.such Power of Atturnry or certtficata bearing^cls fuceimile signatures or facsimile seal shall he valid arty
battlinjupun the Company and_an),,cw t4ower-ae-exeewwd and crrtt/[ad byfoncinitte signattm s aadfacciml/e.ea[.tha[f be valid mrd bitrdtng uMn they
Cumpaey in the future witli'rdspect to any bond or undertaking to which it is at(ached." 1
iN WITNESS WHEREOF,.American.-Contracters-indei ttty-Comppny_has-caused its-sell-to-be affixed hereto and executed-by its
President on the 28th day of February,2003.
`oadtR� tjy AMERICAN CONTRACTORS INDEMNITY COMPANY
a Nma10W®R:=
SEK it,"" s
�4(IpppN�� Robert F.Thomas,Chief Executive Officer .
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES Q
On this 28th day of February,2003 before me,Norma J.Vir&ilio,a notary public,personally appeared Robert F.Thomas,Chief Executive
Officer of American Contractors Indemuky Compmy_to-=pcssonally-knewn to be thetrtdividnala> ofCcer describedhtrtin,'arid,
-adcAnwiedgedahat he executedtlic foregoing`instnmrertof )t6d the sea]of said corporation thereto by authority of his office.
MORMAd.VIAOarO
WITNESS my hand and official seal CownWaatemataa",tti_
L"Anew ctr
Normo J.Virgilio,NotarlF ftEWbW9WV.
1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity.Cotnpaa)�da hereby certify that the Power O>
Attorneyand the resolution adopted by-the-Dearl-of-Dvectorrtrf-said-Compony as set forth above,are true and cor=transcripts therco
and that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force arA tffect.
iN WrrNF.SS HEREOF,I have hereunto set my hand this 2 R ay of March ,200 4 . J
ERohd No:?QOO.441taithful .Parfarmaitat-1-
#2204 `
Agency-No.. _ JAMES.H,-FMU50N erPoratesecretary\
rev.POA04AOMI
FROM FAX NO. : Mar. 23 2004 11:46AM P6
MAR-23-2004 11:26 BALANCE SURETY P�06
Bond Number:200044
Pte,naium;Slnctwdeel hr per(ormat Hca
- l
UUMDAMF
FSabdivWar>i �
WHEREAS, the City Council OL the..City_ oU F -gam. at-Wim_
anA
RurvMWHome; LLC _ (hereinafter
designatedas"princiWllhau*OrAered.into arragreern pr; �aqreestorinstot�
and-complete certain designated public improvements, which said agmement, dated
identified as project Tract 520`6 Running Morse Development Kearney Park
is hereby refernrdto-anrtnmade-amt-hereof;and,
WHEREAS}.under the_twn&ot szidspfeement,-pfincipat-isrequirtsd betoie erhtter
upon the'performance of the work, to file a good and sufficient payment bond with the City,
of Fresno-to in TR4 46 (cwamencft wit1�
Section 3082)of Part 4 of Oivision 3 of the Civil Coda of the State of California,
NOK-THCRfEfAREE, void principa!aruMv undarsigned es corporate surety,are held
firmly bound unto the City of Fresno and AD Cantcaaacsrsiibea trac#m,-laborm.-rna<e
men and otherpemonsemptoyedtnlhe performance of the aforesaid agreemenlandreferr
to is the alomsaid Code_*UCW4PmoWure in ft sun.uf On elphtacre thousand 1&o0[aAl��
dollars
_},for n►dtcrrats7aherttr[to tbscear}afaisycklpd;or tor.mounts duel
(s 1.OW _.
the Unemployment Insurance act with respell to such work or labor,that said surety will pay
this SdTne Rn be.arnh9uREin Casa Suit
is brought upon this bond, will pay, in addition to the face amount. tthweef.,.casts ank
reasonable attorneys fees,-incurredtyCky in suecessfutty enraricing such obugalion,to be-
awarded and fixed by_the courL.and to_be.taxed as.cosisandUxba.in k9W into ludge"Atl
therein-rendered:. . _
It Is hereby expressly:stipulated and agreed mat this bond shall inure.tothe benetitof.
any-and.all-persona-,-companies-and-corporations entitteV to file claRns under Title 15
(commencing with Section 3082)-of Part 4 of.Dinriaian3of the Civil Qxle so.astagive a right
- of actiortto fl=-urtheir assigns in any suyt brought upon this bond_
Srh4utdffie-cbnditiora Ott �or►d t�efutiy ptrforrt+ed;therrthisobttgatian shad become,
nun and voir>I,otherwise It shall be and remain in full force and effeCL
The surety thereby stipulates and agrees that no change,extension of trine,aWaration
or addifion to the terms-of Said agree. cations accompanying the same shalf�
in any mantel affect its obligations on this bond-and_iLdo"hateby-waaro polios gfanys�Th
change,-extensio�r� araddition:
FROM FAX N0. : Mar. 23 2004 11:49AM P7
MW-23-2004 11:26 BkANCE SURETY P.07
Subdivider-'&Payatenf Sand
(Subdivision Agreementj
Page 2
In witness whereof,thfs-fth nenthas been duly executed by the principal and surety above
named, on March 23 20 04. Frincip�
Running Horse, LLC
BY
ay:_ -
Address of Surety Surety
9$41 N ort Blvd 9TH f=loor American Contractom-Indemnity Company_ .�
Los Angeles CA 90045 ft
Attention.Regan J&m*s P+one89 41*-6695
Keith E.Sandrock,.Sr.,Attptney-Ir>-Fze-t
Surety Acknowledgment by sttorney-n-fact must be attached--- --
Bond Forrnwpd .
Revised 05/1412001
• Mar23 2004 11:49AM PB
-
FROM : FAX N0. : . --�
• • MAR-23-2004 AV 26 BALANCE SURETY P.OB
STATE OF Wiforni.a
COUNTY OF Orange SS.
On_ March 23, 2004 before me, NataCie Caicedo
PERSONALLY APPEARED Xeith E. Sand-rock, Sr.
persormlly known 16 me (or.prnved.to.me oiv the-bilsis of
satisfactory evidence) to be the person(s) whose names;
is/am subxcribcd to the-w'ih n-tmframe., arrd;rtkno:vfi
edged to me that he/she/they executed the same in hi,'
her/their authorized caps,city(iet)...and..WaL-b�c.•hir.�lw ?
their signature(s)w-the instrument the person(s), or ►:
entity upon behalf of which the person(s) acted,executed...
-
the instrument..
W .
W1TNF, l�dorc
• � ?001
TLic W Nrrnrinl Srai
Signator _ �-I�•OX+r� �
Though the data below is not requlrsd by law,it may_prnttexa4reiye to paraeAatelying oRlhtdoevcrteht and Could prevent
fraudulent reattachmer4-o14hWlefm---_
CitPRC'FTIr CLRt � = , , E�ESCfitPfifBM O RITA�HED-QOCOMENT
❑ INDIVIDUAL_ r
❑ CORPORATE-OFFICER
TtTtE ORTYPE OF DOCUMENT-
PARTNER(ST EJ LILKTEQ-.. .
❑ GENERAL
XU_ATTORNEY•1N-FACT---.. NVMSMOFF 9GES
❑r� TAVSTEE(S)
0 GUAPX"WC*W,,E N Y0W-- �
❑ OTMEA:
-- DATE-OF DOCUMENT -
Nwr r"
SIGNER
RSoWW co EorinpEs) .,... _
American Contractors Incfemnit. .[a any-:, SIGINLEtus}OTHEWT ME-D ABOVE
1D 1"' ' `'"•"
ALL=PURPOSE-ACKIVOWLEDGEMENT
FROM : FAX NO. : Mar. 23 2004 11:50AM P9
�►a�-zs��yy4 i i:26 EPLANCE QTY
P-09
0ntraet1-Indemnity Company
9841 Airport Alvd.,9th"Oor,.i-4-Aftgeles,California 90045 .
POWER OF ATTORNEY 13-2616
KNOW ALL MEN BYTHESE PRESENTS:
That American Contractors Indem,►i11.CompzmYoftl-ie.State of California;a Caliromia Corporation does hereby appoint,
Keith E.Sandrock Sr.,Pstricia.,il.Sandvqek.
or-Natatte_C-- 1
Its true and lawful Attorney(%)-in-Fact, with full authority to execute on its behalf
of indemnity and writings obligatory ia.the-. bonds,undertakin�,rtca�►iyt�eeaas,d oth�contracc3,
°at'"4he+`°f-rsstretl to the coume.uf-its btteinass-ant-to bind the Company thereby, in an.
Amount not to exceed S ""'*3,000�6p:pO***jrolTers . This Power of Attorney shall expire without furt#uy- i
September 27,2005. —�"
This Porwerrof Attorney is granted and is signed and sealed by facsimile under and by the authority of theSoUowing Resolution adopted,
by the Board of Directors of AMERW 4N-CGNTR*CTORS WDEMNITY COMPANYa a-meering duly called and held on the 6th days,
of DccMber,-1990., - -
"RESOLVED Char the-Chitf-Emcuttvrt7/)tC P Prfrident ar any-Ice Prr
the poker avd authority rrdnrC F.xrcyqfle Hca Pirrident,Sec►teary or Atlutanr Secrwtary, shall have
1. To appoint Allorney(+)-in-Factuniftrrauthnrite them to execute on behalrof'rhe Company,and attach the stwl of the Company thereto,
bonds and underrn4ingt,contracts of indemaUy and orher writings ob/tKamev.in.tlt4notureihrnof tats
?. To remove,at any rimr,.anysuch Atiorney-they and revoke the authority given,
RUCL VPD FUR TMER, that rhe signannerrf:ntef-nAerr and the.'eat of Ad Compa4y may be gJfixed to any arch Powar o/Attorney or certificare
rusting thereto by.f zesimile, and any such Power of Attorney or cxrtijt:ate beariag..,UCAfiaatmiU-4*nWurrs-or facitwle teal Shull be valid..&uW
bonding-W;o)r the Company ant!-any such power.vi-exatufad-exdetrlifed valid and binding upon rhe
Company in the future with respect to any bond or undertaking to which it is munched."
IN-WITNESS. WHEREOF, Amcrim Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February,2003.
��NROU AMERICAN CONTRACTORS iNDIEMNITY COMPANY
KOLOolM
-.. By: -
t Robert,E.TImAs,-Chief Excentive-Offiee�
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On this 28th day of February,2003 before me,Norma J.Virgilio,a notary.gublit.personally.appeamd.Robest F:Thomas,Chief-Executive 1
Officer of American Contractors lademnity.Company,�to Eno-persotratly-knowrrto to the irAvidual and officer described herein,and --
acknowledged that he executed the foregoing instrument and affixed the seal of said eorporution thereto by authority of his.office..
MORAAA J.VIIlliA10
WITNESS my hand and official seal era,tar,oter,t�ma�o '
?E NeWry Pubic•Caftmis
Loa AngMr Cewnp. ..
Norma J.Virgilio:Nota - 14co Weei,wttm
1, JAMES H. FERGUSON, Conimotois hadnimWiy-Company, do bereby certify-that tht Power-of
Attorney and-the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof)
and that nnither.the said Power•sf Attorney-noF-t wme,lution hive-been-revoked%ued and-the are now.in filet l`otcc and eflocl.
IN WITNESS HEREOF,I have hereuntosctmt hand.this-ZUDday-of-- March- ,200- 4 1
Bond No. 200044/Subdividers Payment Bond
Agency No._. #� JAMES.X.FEEMrJS0N orpomte Secretary
TQTAL.A.09 . .