HomeMy WebLinkAboutT-5224 - Agreement/Covenant - 6/3/2005 (2) i T
city Of
lz
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10713
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5224/UGM
i
Subdivision Agreement
Tract No. 5224
Page 2
THIS AGREEMENT is made this S>N day of MA y 20 09,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City,"and De Young Properties 5224 L.P., a California Limited Partnership, 2109 West
Bullard Avenue, Suite 101, Fresno, California 93711, hereinafter designated and called the
"Subdivider,"without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5224 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No.5224/UGM
i f
Subdivision Agreement
Tract No. 5224
Page 3
dated April 21, 2004 issued by the City and any amendments thereto (hereinafter referred to as
"Conditions of Approval"and incorporated into this agreement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed
and understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1)year of the date of this agreement, except as noted below.
b. The sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two(2)years of the date of this
agreement.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
required Street Tree planting, shall be in accordance with the Street Trees
fees paid in EXHIBIT "B," attached hereto and made a part of this
Subdivision Agreement
Tract No. 5224
Page 4
Agreement.
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.
The Issuance of building permits for any structure within the subdivision
shall be subject to the provisions more particularly established in the
Statement of Covenants Affecting Land Development Requiring Fire
Protection Measures to be Provided and Maintained for Tract No. 5224,
recorded as Document No. on
Fresno County Records and incorporated into
this agreement by this reference. (NOTE. The recording data for this
Statement shall be added by the City Clerk)
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
Subdivision Agreement
Tract No. 5224
Page 5
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. 84361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot 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 Subdivider's 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 serviced
street light system as approved by the City Engineer prior to final acceptance of the
subdivision. Height,type,spacing,etc.of standards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may
be adopted by Council prior to the actual installation of the lights and shall be approved
by the City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
Subdivision Agreement
Tract No. 5224
Page 6
accordance with Public Works Standards within seven (7)days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this subdivision shall be fenced in accordance with Public Works Standards within
seven (7) days from the time said basins become operational, or as directed by the City
Engineer.
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 fencingtwalls, 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, irrigation system and wall within certain landscape easement area(including
said Outlot D) by agreeing to annex the Subdivision into the City's Community Facilities
District No. 2 (CFD-2) and agreeing to maintain such landscaping, irrigation system and
wall 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, irrigation system and wall shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director except that improvement plans for landscape easement areas to be
annexed and maintained by CFD-2 shall be as approved by the City Engineer.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto:
i. City Drawing Nos: 10-C-8865 through 10-C-8880, inclusive;
15-C-12440 through 15-C-12461,inclusive; 4-0-827 through 4-C-827A,inclusive.
ii. Fresno Metropolitan Flood Control District Drawing Nos: EM-6-1
through EM-6-6, inclusive.
Subdivision Agreement
Tract No. 5224
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 for 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."
1. 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. 5224
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.
7. This Agreement shall in no way be construed as a grant by the City of any rights
Subdivision Agreement
Tract No. 5224
Page 9
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
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Subdivision Agreement
Tract No. 5224
Page 10
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
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for
Subdivision Agreement
Tract No. 5224
Page 11
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good,and unsuitable materials may be rejected,notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the
laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of
dust by wind or the activity of vehicles and equipment onto any street area or private property
adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control
is not being maintained on any street or streets as required by this paragraph, the City Engineer
shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such
notice may be personally served upon the Subdivider or, if the Subdivider is not an individual,
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
Subdivision Agreement
Tract No. 5224
Page 12
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. 5224
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation De Young Properties 5224 L.P.,
a California Limited Partnership
DAVID D. HEALEY, Director
Public Works Department By: Team 5 Properties, Inc.,
a California Corporation,
as General Partner.
Michael T. Kim, P.E., Assistant Director Jerry . De Y g, Pres' ent
ATTEST:
REBECCA E. KUSCR, CMC
City Clerk -
By, X �'S (Attach Notary Acknowledgment)
uty _
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By: L&�; -
Deputy
ib+ak 0411-05
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On April 15, 2005 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Jerry A. De Young
personally known to me ( FOR NOTARY SEAL OR STAMP
to be
the persono) whose name is/afee subscribed to
the within ihhstrument and acknowledged to me that
he/sbsA#,ey executed the same in his/he~rANNA6. = NA M.RENNA
�fP'M f
authorized capacity('teej;and that by his/he iheif C- ,` Ci1�41~:S.#1433198 :0
signatureo) on the instrument the person(, or ' . ' NOTARY PURUC COUNTY ORNIA N
�. . " ` FRESNO COUNTY
the entity upon behalf of which the person(,dj h ;a..� My Cnmm.Exp.Aug.30,2007
acted, executed the instrument.
WITNES my h nd and o fic I seal.
Signature
EXHIBIT A Subdivision Agreement for Tract 5224
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $283,688
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $433,617
Street Construction Cost Estimate 1 $2,565,81411
Final Cost Estimate(for Inspection Fee purposes) $3,283,119
11
483 Landmarks, Monuments, Lot& Block Corners($50/ea) $24,150
Sub-Total (for bonding purposes) $3,307,269
Construction Contingency(10%) $330,727
TOTAL COST ESTIMATE*
(for improvement securities purposes) $3,637,996 $3,638,000
*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
$3,456,000
credit
5%of amount shall be in cash or a Certificate of Deposit $182,000
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
$1,819,000
credit
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 $15,700
Minimum amount $24,700
EXHIBIT A v4/28/00 Prepared By: Frank Date: 04/05/05 Print Date:04/05/05 9:56:43 AM Pagel of 1
EXHIBIT B Subdivision Agreement for T- 5224
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$3 283 119 Final Cost Estimate over$500K F-$1347900 88
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 1 $37,304.001
Less Inspection Fees paid with Early Street
Construction Agreement $0.00
Inspection Fee $97 596.88 $97,596.8-81
2. MONUMENT CHECK FEE
180 Lots and Outlots @ $30.00 per Lot $5 400.00 $5,400.00
(Min$200)
3. STREET SIGNS
20 Street Name Sign sets @ $173.00 per set $3 460.00 $3.460.001
16 Waming/Regulatory signs @ $77.00 sign $1 232.00 $1.232-00
4. STREET TREES
-�City installed(15-gallon)Street Trees @ $129.00 per Tree na nal
206 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $6 180.00 $6,180.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
177 Lots(anticipated maintenance cost) @ $1 273.05 per Lot $225 329.85
Lum Sum Other maintained features
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $229134.85 $229134.85
$1 283.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES&CHARGES $343,003.73 $343,003.73
EXHIBIT B v11/01/01 Printed 04/11/05 2:41:47 PM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 5224
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES CONSTRUCTION CREDITS&FEES TO BE DEFERRED
54.3589 Gross Acres
45.3006 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
177 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
EM FMFCD Drainage Area
54.3608 Acres per FMFCD @ $6 480 per Acre $352 258.00
Less estimated Construction Costs $132 200.00
Local Drainage Fee $220,058.00 $220 058.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: W.Barstow Avenue 138 000 SF
Frontage:IN.Bryan Avenue 12 000 SF
Total Square Feet 150 000 SF
150 000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $15 000.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $15 000.00 $856.76 F $14 143.24
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b Oversize Sewer Charge
19 UGM Reimbursement Area
Frontage: W.Barstow Avenue 185 620 SF
Frontage: N.Bryan Avenue 95 500 SF
Total Square Feet 11 281 120 SF
281 120 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $14 056.00
Less estimated Oversize Credits $12 255.00
Less estimated Overdepth Credits $23 309.00
Oversize Sewer Charge $0.00 $0.00 ' Paid wl Credits
(c Trunk Sewer Charge
Grantland I Trunk Sewer Service Area
177 Units @ $419.00 per Unit $74 163.00 $74,163.001
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e Sewer Ca acity Enhancement Charge
Grantland Trunk Sewer Service Area
177 Units @ $0.00 per Unit $0.00 $0.00
EXHIBIT B v11/01/01 Printed 04/11/05 2:41:47 PM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 5224
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(all Time&Material Charges("Wet-Tie")
2004 0928 Estimate Number
5005 Water Job Number
Estimated Deposit(FMC 14-111-f) $31,300.001 $0.001(B3)
(B3) Deposit paid with Early Construction Agreement
onnection
harges
53,130.00
(b1)Service 66 1-1/2"ters MetCe�s to existing services @ $455.00 each existing services @ $330.00 each $$2 730.00 $0.0053,122M $0.00 $$2 730.00
(b2)Landscape Service Connection Charges
5 2"Meters to existing services @ $530.00 each $2 650.00 $2,650.001
(c)Frontage Char e
Frontage: W.Barstow Avenue 1 919 LF
Frontage:IN.Bryan Avenue 1 212 LF
Sub-Total Lineal Feet(full rate) 3,11 LF
3,131 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $20,351.50
Less estimated Frontage Charge Credits
Frontage Charge $20 351.50 $1 162.38 ' $19 189.12
(d)Transmission Grid Main Charge
B UGM Reimbursement Area
48.7948 Gross Acres(less Outlots A,B&C) @ $643.00 per Gr Acre $31 375.06
Less Estimated TGM Construction Credits $21 953.00
Transmission Grid Main Charge $9,422.0611 $537.93 " $8 884.13
(e)Transmission Grid Main Bond Debt Service Charge
48.7948 Gross Acres(less Outlots A,B&C) @ $243.00 per Gr Acre $11 857.14
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $11.857.14 $677.1:3]. $11 180.01
( UGM Water Supply Fee
201s Supply Well Service Area
177 Living Units(residential) @ $407.00 per Unit $72 039.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $72 039.00 $72 039.00
( Well Head Treatment Fee
201 Well Head Treatment Service Area
177 Living Units(residential) @ $0.00 per Unit
(h)Recharge Fee
201 Recharge Service Area
177 1 Living Units(residential) @ $0.00 per Unit
(ij 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
177 Living Units(residential) @ $0.00 per Unit
EXHIBIT B v11/01/01 Printed 04/11/05 2:41:48 PM Page 3 of 4
Tract No. 5224/UGM
P.W. File No. 10713
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on De ce v-bp*.r Zz , 20 o 4 , in the office of the Fresno County Recorder, as
Document No. 20,04-o7-& S 8 of which the Deed of Trust in, by and between
be You^a !?!o peri i e S i:2V L.P + a C4-e4L 'PArJ.r ey--slon , as Trustor,
Chicano �: kl� �orr�aar,�_ , as Trustee and
CaliCerr, A f3a��c T��.st� Q CoIiCorn;d 8a..K."!4 I'mr-owy-dJ;ah , Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement for the Final Map of Tract No. 5224.
DATED: A j2ej i $ , 20o
BENEFICIARY
By:,zjj
% i cl%owak A wd t rw
Sr. Y.9.
By:
(Beneficiary to printftyype Name, Title
and attach Notary Acknowledgment)
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On Aril 18, 2005 before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Richard Audino
personally known to me ( , FOR NOTARY SEAL OR STAMP
tire basis to be
the personfif whose name(p) is/are ubscribed to
the within instrument and acknowledged to me that
he/sheAhey executed the same in his/he;Ahslr
authorized capacity(iesj, and that by his/hm*heir
signatureo) on the instrument the person(pl, orA �.a►K ANNA M.RENNA
the entity upon behalf of which the person(al a = COMM.#1433198
eC NOTARY PUBLIC-CALIFORNIA
acted, executed the instrument. FRESNO COUNTY
My Comm.Exp.Aug.30,2007
WITN SS m ha d offi ' I seal
Signatu
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department -Accounting Division
From: Elizabeth Ponce - Public Works Department
CD Passbook Other Faithful Performance Bond
Deposited At: Developer's Surety And Indemnity Company, P.O. Box 19725, Irvine, CA 92623
Certificate/Acct. No: 567647S
Deposit Amount: $3,456,000.00 Maturity Date:
Depositor: Name: Deyoung Properties 5224 LP
Address: 2109 W. Bullard, Suite 101, Fresno, CA 93711
Street city/State Zip
Job Address: T5224
Received : Elizabeth Pence Public Works Date: May 3, 2005
e B y
Authorization to Release
Signature Date
Release To: Name:
Address:
Street city/State y* Zip
be 33 T � 9 $�` '� ��*€g� �4.i+'�� .� Ra M '�'•r���`t ate � �` � 5��.t4 t� ��.
��•�•�`.$�• '�k o.�i'H � .>.�„�'E.�,M, .. $�' :_ 5hwx«i� �'K � � �a` �'. 3cF�,� # ` Ay`� �x;`�>' R {'"� ?y�4�aS, ����:`..�."3��,��R p"E r� � ^Y.,t h�'''
dmf#ge .3"' r }*k.-sa`.0�'�E'r t
E ��� �' -:1� z�,a'vp �a tf 3 �� � ry,'!G t a �k€ ,��`x 3"x,53 t d � �.�'� •�'` .. }� ',mak` � � �`'� s, r
y
e� � € ''• "'M r far ��� is_ � � "+�a x``�� {�.,.��:,�x ��. 'k€ � ,� .x }�'#i� i4 y� s� a 't'S� �• ,a� ��
WIR
Z}t ?�.?.a a ' ' � f r r � `a''a-r sxx# .. i.�, x a •Z k ��� ''i^xt€ €i { S
's � ���'��� �•p�'•����teP� �°'� x'��'� .�wx a��4�����, �� ,�€'x' •� Y� �" a,-� r���,� ���z�.��"'�a�a." xa.
t ti �C
L p v k s x l
t �'x�'i" �_1 'a �`�,x•�,�d. r � ir,� -xa a r��r t'-fi. �•h
r
i
i I
Bond Number: 567647s
Premium: $31 ,, 104.00
FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
DEYOUNG MPER IES 5224 LP (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
ted
20 n_,
identified as project TRWr NQ 5224
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and eeSURM ANDMMEMWM , as
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of TMM Mzr *CN FOUR HMMM FIFTY six THOUSAND---
dollars ($ 3 456 000.00 ) lawful money of the United States, for the payment
Of which sum well and truly be made,we bind ourselves,our heirs, successors,executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or it's
heirs,executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
L
1
Faithful Performance Bond
(Subdivision Agreement)
page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on APRIL 14 , 20 OS
5224 LP
By:
By:
Principal
Address of Surety MVELaWS S'UREL'Y AND EMNM COMPANY
P.O. BOAC 19725 By;
IR IM, CA 92623 By:
CYNTHIA , , A -IN-FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On APRIL 14,2005 before me, DONNA M.SMITH, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
personally appeared CYNTHIA SAUCEDA
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
w.,-..-—- his/her/their authorized capacity(ies), and that by his/her/their
DONNA M.SMITH signature(s) on the instrument the person(s), or the entity upon
�- COMM. (11563385 behalf of which the person(s) acted,executed the instrument.
NOTARY PUBLIC.CALIFORNIA
FRESNO COUNTY
Nb Cwmm.Expires Apr.19,2009 WITNESS my hand official eal.
Signature of Notary Public
-------OPnoNAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- Limited El General ❑ Partner-❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
E] Other: Top of Thumb here El Other:
Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
IN
State of
County of c�t��^
OnA940 5 before me, AA-e
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared __Q,_ZA3_tt & — I
IV V Name( of Signer(s)
personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(}
whose name(s) is/afe-subscribed to the within instrument
and acknowledged to me that he/94e41:ey executed the
same in his/haWthek authorized capacity(iee),and that by
his/he#4Mir signature(e)on the instrument the person(a),
�N– POE or the entity upon behalf of which the person(s) acted,
Cowani D 01 executed the instrument.
NNNY pwft-canwris
Fr*M4p
WITNESS my hand and official seal.
My Comm.Expires Nov 8,2005
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator •- ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800 878 6827
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith,jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts
of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such
Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February,2005.
By. �.��.(.AND��'••,�. �MPANYp.�
David H.Rhodes,Executive Vicc-Presidcnt �yJ�4�EtPORgrFgjy;,I PO .1
5 OCT. 5< = OCT.5 TO
:wi 10 W 1967 X
1936
6=
By. '0�7'•............../ P •'da o� �g41FOP�\P a2
Walter A.Crowell,Secretary
,
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
—Aix
On February 1,2005,before me,Nita G.Hiffineyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved
to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
NITA 0.HIFFMEYER
COMM.M 154.3481
NOTARY PUBIJC CALIFORNIA
ORANQE COUNTY
Signature U
Polyeomm.®tplr�Ian.10,2009
CERTIFICATE
The undersigned,as Executive Vice-Presidcnt,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,thcl 4TH day of APRIL 2005
By C ` ' —
David L.Kerrigan,Executive Vice-Presidcnt
ID-1380(Rev.2/05)
r
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department-Accounting Division
From: Elizabeth Ponce - Public Works Department
CD Passbook Other Subdivider's Payment Bond
Deposited At: Developer's Surety And Indemnity Company, P.O. Box 19725, Irvine, CA 92623
Certificate/Acct. No: 567647S
Deposit Amount: $1,819,000.00 Maturity Date:
Depositor: Name: Deyoung Properties 5224 LP
Address: 2109 W. Bullard, Suite 101, Fresno, CA 93711
street City/State Zip
Job Address: T5224
Received By: Elizabeo onw'�, Public Works Date: May 3, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
RRI
��
sa t
A 01"I
�Aa ,
AiPl
r
Bond Number: 5676475
Premium: Included in perf
bond
SUBQIVIDER'S PAYMENT °BOND`
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
(hereinafternEM PROPER= S774 LP
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
ted
, 20 o
identified as project TxAcr No 224 '
is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to egood
e ence ssmalde nn Title 15 (commencing with
t payment bond with the City
of Fresno to secure the claims to which
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material
men and other persons employed in the performance of the aforesaid agreement and referred
to in the aforesaid Code of Civil Procedure in the sum of dollars
CNE MILLICN EICHr HU DM NINEEEM THMSANm---
($ 1,819,000.00 ), 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of said agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
f f
Subdivider's payment Bond
(Subdivision Agreement)
Page 2
in witness whereof,this instrument has been duly executed by the principal and surety above
20
named, on npRTTJ 14 M_-
DEW= pROPERIZES 5224 LP
By.
By: �E�
Principal
Address of Surety
D�EVEGOPFRS SURMY AND IN1EMTiITY COMPANY
P.O. BOAC 19725
IRVIIjE, CA 92623 By:
By:
CYNTHIA LDA AT UM-IN-FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wPd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On APRIL 14,2005 before me, DONNA M SMITH, NOTARY PUBLIC
Name and Title of Officer(e.g.,'Jane Doe,Notary Public)
personally appeared CYNTHIA SAUCEDA '
Name(s)of Signers)
® 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
DONNA M SM;TfN signature(s) on the instrument the person(s), or the entity upon
COMM. #1563385 behalf of which the person(s) acted,executed the jnstrument.
• NOTMf�SNO COUNTY-CALIFORNIA..
NN Comm.Expires APr.
19.2009 WITNESS my hand a d official seal.
signature of Notary Public
OPTIONAL
Though the information below is not required by law,ft may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- Limited General ❑ Partner-❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator Top of Thumb here
❑ Other: Top of Thumb here ❑ Other:
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
• _e✓
County of
On / '� before me,
Date Name and Title of Officer(e.g.,-Jane Dot,Notary Public')
personally appeared-:qa� t6t
N (s)of Signers)
Personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persons)
whose name(s) is/efe-subscribed to the within instrument
and acknowledged to me that hekAa4Mt executed the
same in his/;e##ieW authorized capacity(ies),and that by
IDEBRENDAC POE his/tae4hek signatures)on the instrument the person(s),
�� or the entity upon behalf of which the person(a) acted,
A
r pupye. executed the instrument.
Fn mw County
ntu.Expires Nov 8,2005 WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator - -
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
Reorder:Call Toll-Free 1-800-876-6827
®1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith,jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attorcy(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the attorncy(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts
of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such
Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of February,2005.
C
i"
By: �,•���'AND �A;O.,,� N,PANyO
David H.Rhodes,Executive Vice-President Q� . GG PPOq
�pP Or�
e ? OCT. `:< z = OCT.5
us 10 c n e W 1967
mo� 1936 :o: o C,, IP 2
By: d
Walter A.Crowell,Secretary %�`�70,./OW p..,*aa�.�� 2 </FO
P
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February I,2005,before me,Nita G.Hiffmcyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved
to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
LOANITA G.HIFFMEYER
COMM. 1543481
NOTARYPUBLIU C CALIFORNIA
Signature - 01 NTY
My a#resJJaan 10,2009
CERTIFICATE
The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 1 4THday of APRIL 2005
B
Y
David L.Kerrigan,Executive Vice-President T
ID-1380(Rev.2/05)
4G�
Irlsc%ICO
p � o
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,and
the effect,if any,the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism,as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond,nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond,or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200
Irvine,CA 92614
(949)263 3300
www.inswDico.com
ID-1498(Rev.6103)