HomeMy WebLinkAboutT-5220 - Agreement/Covenant - 2/10/2005 Recording Requested by.
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
No Fee-Govt. Code 6103
City of
Cimme—%1LE-\I//
I FIk I r.
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10623
SUBDIVISION AGREEMENT FOR TRACT NO. 5220,
OF VESTING TENTATIVE MAP NO. 5220/NON-UGM
Subdivision Agreement
Tract No. 5220
Page 2
THIS AGREEMENT is made this day of
by and between the CITY of FRESNO,a Municipal Corporation, hereinafter designated and called
the "City," and SPENCER ENTERPRISES, INC.,a California Corporation, 4974 East Clinton
Avenue,Suite 200, Fresno,California 93727,shall hereinafter collectively and individually,where
applicable, shall be jointly 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. 5220 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires,as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required pursuant to the Conditions of Approval for Vesting Tentative Map
No. 5220/NON-UGM dated September 17,2003 issued by the City and any amendments thereto
J
Subdivision Agreement
Tract No. 5220
Page 3
(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 July 31, 2006, except as noted below.
b. The sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before July 31, 2008.
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
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. 5220,"
per Resolution No. 98-129 requirements for 50 and 54-foot local street
patterns.
Subdivision Agreement
Tract No. 5220
Page 4
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located within
said subdivision shall not be construed in any manner to constitute an
acceptance and approval of any or all of the streets and improvements in
the subdivision.
e. 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.
Subdivision Agreement
Tract No. 5220
Page 5
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
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. 5220
Page 6
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.
HISTORIC OLIVE TREES: The maintenance for the existing historic Olive Trees
within the public right-of-way of East Butler Avenue and the landscape/pedestrian easement
over Lots 1 through 3, inclusive, shall be the responsibility of the individual lot owner. Upon
completion of the street improvements,sidewalk and driveway approaches,the Subdivider
shall commence the pruning and/or spraying of the Olive Trees in accordance with the
maintenance program report approved by the Parks, Recreation and Community Services
Department.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto
i. City Drawing Nos: [10-C-8511 through 1.00=8514 with Water Job
No.4958(4 sheets)inclusive, 15-C-1 1589 through 15-C-11592(4 sheets)inclusive,
Drawing No. 4-C-227 (1 sheets) inclusive], unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing. Nos: BE-8-1.
through BM-8-2 (2 sheet) inclusive, unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City,the Subdivider.shall pay to the
City and /or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions, the total fees and charges due as a condition of Final
Map approval. The total fees and charges are more particularly itemized and made a part
of this agreement in the attached Exhibit"B."
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
r'
Subdivision Agreement
Tract No. 5220
Page 7
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto., This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
L 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
Subdivision Agreement
Tract No. 5220
Page 8
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of,or owned by, another,whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement,
or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save
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
Subdivision Agreement
Tract No. 5220
Page 9
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 improvement's 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. 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
Subdivision Agreement
Tract No. 5220
Page 10
shall determine locations and depths to be tested. Any compaction tests failing to meet the City's
requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
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
Subdivision Agreement
Tract No. 5220
Page 12
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.
The parties have executed this Agreement on the day and year first above written.
Subdivision Agreement
Tract No. 5220
Page 11
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained bythe Subdivideron all streetswithin 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 pavingof the streets is completed. "Adequate
dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City
Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel
of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When
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
Subdivision Agreement
Tract No. 5220
Page 13
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
SPENCER ENTERPRISES, INC.
PUBLIC WORKS DEPARTMENT a California Corporation
By: 14�GA ,
By: k&hardF. Spencer, President
Michael T. Kim, P.E., Director
ATTEST:
REBECCA E.\KLISCH, CMC
CITY CLERK
O G
By:
Deputy C rr(a7(o4
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
FORM Subdivision Agreement
LR May 3,2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
11 tiTK�
State of California ?�
ss.
County of Fresno
'l,'
On July 14, 2004 before me, Karen Leigh Emery
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Richard F. Spencer
Name(s)of Signer(s)
Irh; F personally known to me
r�3 ❑ proved to me on the basis of satisfactory �I
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
KAREN LEIGH EMERY capacity(ies), and that by his/her/their
COMM. #1364734 signature(s) on the instrument the person(s), or
NOTARY PUBLIC-CALIFORMA the entity upon behalf of which the person(s)
FRESNO COUNTY
acted, executed the instrument.
My Comm.Expires July 14,2006
WITNE my hand and off' ial seal.
Signature of tary ublic
t
OPTIONALI
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent '
fraudulent removal and reattachment of this form to another document.
{ Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
rI Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here ?1
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General '
❑ Attorney-in-Fact '
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600-676-6627
F
EXHIBIT A Subdivision Agreement for Tract 5220
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $63,584
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $56,304
Street Construction Cost Estimate $429,&63
Final Cost Estimate(for Inspection Fee purposes) $549,751
155 Landmarks, Monuments, Lot& Block Comers($50/ea) $7,750
Sub-Total(for bonding purposes) $557,501
Construction Contingency(10%) $55,750
TOTAL COST ESTIMATE*
(for improvement securities purposes) $67,251 $613,000
*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 $582,000
5% of amount shall be in cash or a Certificate of Deposit 1 $31,000
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 $306,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 1 $600
Minimum amount I $9,600
EXHIBIT A v4/28/00 Prepared By: Frank Date: 06/21/04 Print Date:06/21/04 5:05:20 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5220
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K ria
(11.52%;$600 minimum fee)
$0 Final Cost Estimate>$10K<$500K ria
($4836+3.25%of amount over$10K)
549 751 Final Cost Estimate over$500K $22 832.79
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $10 482.00
Less Inspection Fees paid with Early StreetF
Construdbon Agreement 0.00
Inspection Fee $12 350.79 $12,350-797
2. MONUMENT CHECK FEE
61 Lots and Outlots @ $30.00 per Lot 1 $1,830.001 $1 830.00
(Min$200)
3. STREET SIGNS1
L�Street Name Sign sets @ $173.00 per set $865.00 $865.00
Warning/Regulatory signs @ $77.00 sign ria na
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree ria na
®Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2,520.001
S. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director ria na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
61 Lots(anticipated maintenance cost) @ $321.68 per Lot $19 622.48
Lots(Incidental expenses:legal fees.Fper Lot
publications,mailings,engineering, ($1,500
61 assessment district proceedings @ $0.00 min) $2 300.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $22 227.48 $22,227,4781
$331.68 Estimated assessment per Lot(information only)
T. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF ria ria
B. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $39,793.27 $39,793.27
EXHIBIT B A 1101t01 Printed OMV04 5:07:47 PM Page 1 of 4
■
EXHIBIT B Subdivision Agreement for T- 5220
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
21.4512 Gross Acres
20.7504 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
61 Units(residential)
R-1 R-1-B Zoning
no Input"ugm"if within the Urban Growth Management Area or"no'
1. LOCAL DRAINAGE FEES
BE FMFCD Drainage Area
18.9377 Acres per FMFCD(R-1-B zoning) @ $4 090 per Acre $77 455.00
BE FMFCD Drainage Area
5.3984 Acres per FMFCD(R-1 zoning) @ $4 300 per Acre $23 213.00
Local Drainage Fee 1 $100 668.00 $100 688.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char 95
Frontage: E.Butler Avenue 38 200 SF
38 200 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $3 820.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 3 820.00 $0.00 $3 820.00
(bJ Oversize Sewer Charge
Non- UGM Reimbursement Area
Frontage: I E.Butler Avenue 38 200 SF
38 200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1 910.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge $1,910.00 $0.00 $1,910.00
(c Trunk Sewer Charge
Trunk Sewer Service Area �
61 Units @ $0.00 per Unit na
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e Sewer Ca acity Enhancement Charge
na Trunk Sewer Service Area
611 Units @ $0.00 per Unit na nal
Copper Avenue Sewer Lift Station Benefit Service Area Charge
61 Units @ $850.00 per Unit 0 na
( Fowler Trunk Sewer Interim Fee Surety
61 Units @ $1 000,00 per Unit na na
EXHIBIT B 01/01/01 Printed 06/21/04 5:07:49 PM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 5220
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2003 1022 Estimate Number
4958 Water Job Number
Estimated Deposit(FMC 14.1114) $16 800.00 $0.00 (63)
(83) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
28 1"Meters to existing services @ $320.00 each $8 960.00 $0.001 $8,960.001
3311-1/2"Meters to existing services @ $470.00 each $15 510.00 $0.00 $15,510 nn
(bT)Landscape Service Connection Charges
2"Services($1,010)&Meters($411) @ $1 421.00 each $1 421.00 $1 421.00
(c)Frontage Cha e
Frontage: E.Butler Avenue 320 LF
Sub-Total Lineal Feet(full rate) 320 LF
320 LF; sub-total Frontage Charge(full rate) @ 6.50 per LF $2 080.00
Frontage Charge 2,080.001 $0.00 $2 080.00
(d)Transmission Grid Main Charge
Non- UGM Reimbursement Area
21.4512 1 Gross Acres @ $580.00 per Gr Acre $12 012.67
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge $12,012.671 $0.00 $12 012.67
(e)Transmission Grid Main Bond Debt Service Charge
21.4512 Gross Acres @ $243.00 per Gr Acre $5 212.64
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $5 212.64 $0.00 $5 212.64
(fLVaM Water Supply Fee
Supply Well Service Area
61 Living Units(residential) @ $0.00 per Unit na
( Well Head Treatment Fee
Well Head Treatment Service Area
61 Living Units(residential) @ $0.00 per Unit na
(h)Recha a Fee
0 Recharge Service Area
61 Living Units(residential) @ $0.00 per Unit na
(i)1994 Bond Debt Service Fee
1994 Bond Debt Service Fee Service Area
61 Living Units(residential) @ $0.00 per Unit na
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
NON-UGM
EXHIBIT B01/01101 Printed 0621/04 5:07:49 PM Page 3 of 4
EXHIBIT B Subdivision Agreement for T- 5220
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Total Impact Fees&Charges $168,394.31 $102,089.00 $497505.31
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $39,7
TOTAL(B) IMPACT FEES&CHARGES $102,089.001 $49 505.31
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $141,882.27
EXHIBIT B v11/01/01 Printed 06/21/04 5:07:50 PM Page 4 of 4
Bond Number: 103977595
Premium: Included in Performance
Bond
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Spencer Enterprises, Inc. (hereinafter
designated es"principal")have entered into an agreement whereby principal agrees to Install
and complete certain designated public improvements, which said agreement, dated
. 20 and
identified as project Tract No. 5220, Subdivision Improvements
is hereby referred to and made a part hereof; and,
WHEREAS, under the terns of said agreement,principal is required before entering
upon the performance of the work, to file a good and sufrWent payment bond with the City
of Fresno to secure the claims to which reference is made in Title 15 (commencing.with
Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE,said principal and the undersigned as corporate surety,are held
firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material
men and otherpersons employed in the performance of the aforesaid agreement and n3ferred
to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Six Thousand
Five Hundred and 00/100ths dollars
(S 306,500.00 ),for materials furnished or labor thereon of any kind,or for amounts due
the Unemployment Insurance Act with respect to such work or labor,that said surety will pay
the same in an amount not exceeding the amount herein above set forth,and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable attorney's fees, incurred by City In successfully enforcing such obligation,to be
awarded and fixed by the court,and to be taxed as costs and to be included In the judgement
therein rendered
If is hereby expressly stipulated and agreed(hat this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right
of action to them or their assigns in any suit brought upon this bond
Should the condition of this bond be fully performed,then this obligation shall become
null and void,otherwise it shall be and remain in full force and effect
The surety hereby stipulates and agrees that no change,extension of time,alteration
or addition to the terms of said agreement or the specifications aocompanying the same shall
In any manner affect its obligations on this bond,and it does hereby waive notice of any such
change,extension, alteration or addition.
Subdividers Payment Bond
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on July 9 , 2004
SpencerfiKerprises, Inc.
By.
Principal
Address of Surety
11070 White Rock Rd, Suite 260 Travelers Ca ualty and Surqty Company of America
Rancho Cordova, CA 95670` By.
John . D ,Attorney-I a
Surety Acknowledgment by attorney-in-fact must be attached.
Bdnd Form.wpd
Revised 05/1412001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.0
State of Califomla i
! ss.
County of Fresno
.l
I
On July 14, 2004 before me, Karen Leigh Emery
Dale Name and Title of OlBoer(e.q.,'J"Doe,Nwry Pubtloj
personally appeared Richard F. Spencer
n
Name(a)or 3igne+fa) 3
®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 (
KAREN LEIGH EMERY the same in his/her/their authorized
4pmy
capacity(les), and that by his/her/their
i3OMM• #1364734 c,NOTARY PUBLIC-CALIFORNIAsignature(s) on the instrument the person(s), or
FRESNO COUNTY the entity upon behalf of which the person(s)
Comm.Expires Juy 14,2006 acted, executed the instrument.
I
WITNESS my hand and o cial seal. �(
1
P�bllc I
OPTIONAL
Though the Intbrmatlon below is not required by law,K may prove valuable to persons relying on&a document and could prevent
fraudulent removal and reattachment of this form to another document
( Description of Attached Document
i; Title or Type of Document: i
Document Date: Number of Pages: !
1`
Signer(s)Other Than Named Above: '!
l Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Tltle(s):
C Partner—❑Limited ❑General
❑ Attomey-in-Fact
r.
0 Trustee
❑ Guardian or Conservator i
❑ Other: (.
Signer Is Representing:
0 1999 NafwW Nobly Anooletlon•9350 Do Solo AM.,P.O.Box 2402•Cheleworlh,CA 91313.2402•www.nalionalnularrorq Prod.No.5907 Reorder:Call TolFree I-000475.08V
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of CALIFORNIA
County of FRESNO
On JULY 9, 2004 before me, WEND YL. TOBIAS,A NOTARYPUBLIC(Name,Title of Officer,eg.,"Jane Doe,
Notary Public")
personally appeared JOHN C. DA Y(Name(s)of Signer(s)
® personally known to me - OR- ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
4-1
capacity(ies), and that by his/her/their
�� WENDY L.TOBIAS signature(s) on the instrument the person(s), or
COMM.#13314OR '� the entity upon behalf of which theperson(s)
� � NOTARY PUBLIC-CALIFORNIA � �' P
• FRESNO COUNTY acted, executed the instrument.
My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
LM&4:iZ_ 46�;Zo��
SIGNATME OF KOTARY
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
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.0.Box 7184-Canoga Park,CA 91309-7184
Travelers
Bond No. 103977595
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: John C. Day, Steven P. Edwards, Tammi L. DeMarco, Shauna Lucero, of Fresno,
California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the
authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
C
Bond Number. 103977595
Premium: $8,582.00
M-
j
(Subdivision Agreemenl)
WHEREAS, the City Council or the City of Fresno, State of California, and
Spencer Enterprises, Inc. (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 and
iderMed es project Tract No.5220, Subdivision Improvements
Is hereby referred to and made a part hereof and,
WHEREAS, said principal is required under the temu of said agreement to furnish a
bond for the faithful performance of said agreement.
Travelers Casualty and Surety
NOW, THEREFORE, we, the principal and Company of America
surety, are held and firmly bound unto the City of Fresno, (hereinafter called"City"), in the
penal SUM of Five Hundred Eighty Two Thousand and 00/100ths
dollars ($ 582,000.00 ) lawful money of the United States,forthe paym
of which sum well and truly be made,we bind ourselves,our heirs,successors,executors and
administrators,jointly and severally, firmly by these presents.
The condition of this obligation Is such that if the above bounded principal,his or its
heirs,executors,administrators,successors orassigns,shall In all things stand to and abide
by,and welt 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
aopording to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and In addition to the face amount specified
therefor, there shall be .included costs and reasonable expenses and fees, including
reasonable attorney's fees, Incurred by City in successfully enforcing such obligation, all to
be taxed as oosts and Included in any Judgement rendered
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond,and
it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
Faithful Performance Bond
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on July 9 , 20 04
Spencer terpdses, Inc.
By, �
By. ,
Principal
Address of Surety Travelers C sualty and SAurety Company of America
11070 White Rock Road,Suite 260
Rancho Cordova,CA 95670 - Jo C. ay,Attome -In- act
Surety
Surety Acknowledgment by attorney-in-fact must be attached
Bond Form.wpd
Revised 0511412001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'' - .�.:r�a'�b�u9, `�3��C�;S�' y �:':cid ^����"�.'�S.`�5i'�?,G`i�'�.�4e'.�:•G�' ��'r:1�Y`�<L`.Cl��'
State of California
ss.
I.; County of Fresno
On July 14, 2004 before me, Karen Leigh Emery ;
Dab Name arW 7114 of Of for(e.g.,"Jere Doe,Noory Pubic]
personally appeared Richard F. Spencer
Name(s)a 3lgne0s) ill
®personally known to me
❑ proved to me on the basis of satisfactory i
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
KAREN LEIGH EMERY the same in his/her/their authorized
COMM. #1364734 capacity(les), and that by his/her/their
m NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s), or
FRESNO COUNTY the entity upon behalf of which the person(s)
My Comm.Expires J*14,2006 acted, executed the instrument. ]
I
S my hand a fficial seal.
1
;P'--/ ry 01fic I
OPTIONAL
Though the information below is not required by law,It may prove valuable to persons retying on the document and could prevent
(• fraudulent removal and reattachment of this form to another document
t Description of Attached Document
Title or Type of Document:
( Document Date: Number of Pages:
Signer(s)Other Than Named Above: !
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
( C3Corporate Officer—Title(s): ttt"
C Partner—0 Limited ❑General
❑ Attomey-in-Fact
r.
n Trustee
( ❑ Guardian or Conservator 1
❑ Other:
Signer Is Representing:
I 'I
-' Si' '�i�i :.�a�A'ci`�'�k:`�C,'lief;��`Y,rf'��`._'/�i`C`%�.'�X?Y^:�4�a`�;�i`�c. i`�' i•�?f.-'�i`�>`�^!C:'���4'�'y'�ci`��,f�,'�`JCS�SZ`c45'.�Tf-" :
0 1999 NaeaW Notary Aao*xdm-0360 De Baan Ave..P.O.Box 2402-C-Wswodh.CA 9/313-2402 www.natlonalnder7.w9 Prod.No,5907 Aaotflar.Call T6&Free 1-80"7&ab27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On JULY 9, 2004 before me, WENDYL. TOBIAS,A NOTARY PUBLIC(Name,Title of Officer,eg.,"lane Doe,
Notary Public")
personally appeared JOHN C. DAY(Name(s)ofsigner(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
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
COMM.#1331442
F NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person(s)
FRESNO COUNWacted, executed the instrument.
My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
-
SIGNATURrOF NOTARY
n �; a �•.� ., .. . .,_ -F �
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
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.0.Box 7184-Canoga Perk,CA 91309-7184
Travelers
Bond No. 103977595
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and,appoint: John C. Day, Steven P. Edwards, Tammi L. DeMarco, Shauna Lucero, of Fresno,
California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the
authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President,any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)