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T-5259 - Agreement/Covenant - 3/30/2005
■ City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721.3616 (559) 621-8650 P.W. File No. 10697 SUBDIVISION AGREEMENT TRACT NO. 5259 Subdivision Agreement Tract No. 5259 Page 2 THIS AGREEMENT is made this X~b day of A4AP-c.0 by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and ARTEL FARMS, Inc., a California Corporation, PO Box 25759, Fresno, California 93729, 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. 5259 (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 Subdivision Agreement Tract No. 5259 Page 3 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.5259/UGM 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 - Subdivision Agreement Tract No. 5259 Page 4 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 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. e. No certificates of occupancy will be issued nor any human occupancy allowed for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. f. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays,if any. Extension of time for completion of improvements(including street trees planting)may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing,which shall be final and conclusive. 2. The work and improvements,more specifically shown on the referenced plans and made a part hereof,shall be done in accordance with the construction standards contained in the Subdivision Agreement Tract No. 5259 Page 5 2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as "Public Works Standards") at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. 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. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No.78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "dead-end" streets created by this subdivision shall be barricaded in Subdivision Agreement Tract No. 5259 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 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 as "Wet-71e Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. The Subdivider shall install the fencing/walls, landscaping and irrigation system, in accordance with the approved improvement plans (.e., Landscape and Irrigation Plans, Grading Plans), within the Landscape Easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the landscaping and irrigation systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the maintenance thereafter. The Subdivider shall provide each prospective purchaser, a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. The improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director. j. Perform and construct all work shown on the following construction plans and any amendments thereto : i. City Drawing Nos:15-C•12005 through 15-C-12008(street plans); 4-0-812(street light plans): 10-0-8747 through 10-0-8749 (water and sewer plans). 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 Subdivision Agreement Tract No. 5259 Page 7 construction plans. k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the City and/or execute a covenant to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due as a condition of Final Map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit"B." I. In connection with assigning figures set forth in Exhibits°A'and"B,"the City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations.Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City,of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements. 4. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement In case there are not any Public Works Standards for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of-Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer. 5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider Subdivision Agreement Tract No. 5259 Page 8 shall fumish 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. b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost Estimated to secure paymentto 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. 5259 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 Subdivision Agreement Tract No. 5259 Page 10 for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California,with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 11. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with Public Works Standards shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written Subdivision Agreement Tract No. 5259 Page 11 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 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 Subdivision Agreement Tract No. 5259 Page 12 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 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. Subdivision Agreement Tract No. 5259 Page 13 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. 5259 Page 14 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation ARTEL FARMS, Inc. DAVID D. HEALEY, Director a California Corporation, Public Works Department By ` David Dyck, President APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: (;4 ;L�- Deputy JB+AK 12-30.04 STATE OF California COUNTY OF Fresno On January 19, 2005 before me, D. Walters (Name, Title of Officer) personally appeared David Dyck personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an official seal. D.WALTERS COMM.#1484129 FRFRESNO COIN�TY r ( ignature of Notary Public) Ay Com.Expires W.1&2008 (This area for notarial seal) CLERK'S CERTIFICATION STATE OF CALIFORNL4 ) COUNTY OF FRESNO ) CITY OF FRESNO ) On March 3,2005, before me,Elvia Sommerville, Deputy City Clerk, personally appeared, M.T. Kirn,Assistant Public Works Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL ISCH, CMC CITY CLERK By eZQV a c� Deputy March 3,2005(5:02pm) EXHIBIT A Subdivision Agreement for Tract 5259 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $53,250 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $32,600 Street Construction Cost Estimate $189,805 Final Cost Estimate(for Inspection Fee purposes) $275,655 41 Landmarks, Monuments, Lot& Block Corners($50/ea) $2,050 Sub-Total (for bonding purposes) $277,705 Construction Contingency(10%) $27,771 TOTAL COST ESTIMATE* (for improvement securities purposes) $305,476 $305,000 *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 $290,000 5% of amount shall be in cash or a Certificate of Deposit $15,000 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 $152,500 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 $2,000 0.5% of amount over$500,000 $0 Minimum amount $7,000 EXHIBIT A v4/28/00 Prepared By: Frank Date: 01/12/05 Print Date:01/12/05 8:48:04 AM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5259 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $275,665]Final Cost Estimate>$10K 5$500K $13 470.11 ($4836+3.25%of amount over$1 OK) Less Inspection Fees paid with Early Sewer/Water Construction Agreement Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $13,475.111 $13 470.11 2. MONUMENT CHECK FEE 12 1 Lots and Outiots @ $30.00 per Lot 360.00 $360.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set $519.00 $519.00 ©Waming/Regulatory signs @ $77.00 sign $462.00 $462.00 4. STREET TREES �0City installed(15-gallon)Street Trees @ $129.00 per Tree na na 121 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $360.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& replacement of Stamped Concrete Paving @ $20.00 per SF na na 6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-2260(6 Lump Sum I Charge as established by Public Works Director nalna 7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 12 Lots(anticipated maintenance cost) @ $872.04 per Lot $10 464.48 Lump Sum Other maintained features Incidental expenses: legal fees,publications,mailings. Lump Sumj engineering,assessment district proceedings $3,500.00 Lump Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00 Total $14,269.48] $14 269.48 $883.00 Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) OLineal Feet @ $5.00 per LF na nal 9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION J/Hemdon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00 TOTAL MISCELLANEOUS FEES&CHARGES $29,440.59 $29,440.59 EXHIBIT B v11/01/01 Printed 02/07/05 8:59:27 AM Page 1 of 4 EXHIBIT B Subdivision Agreement for T- 5259 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 4.0498 Gross Acres 3.0153 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 12 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AJ FMFCD Drainage Area 4.0499 Acres per FMFCD @ $3 660 per Acre $14 823.00 Local Drainage Fee $14,823.50:1 $14 823.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge 66 200 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6,620.00 Less estimated Lateral Sewer Charge Credits $0.00 Lateral Sewer Charge 6,620.00 $0.00 $6,620.00 (b)Oversize Sewer Charge 211 UGM Reimbursement Area 66 200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 310.00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 3 310.00 $0.00 $3,310-0-01 (c)Trunk Sewer Charge Comelial Trunk Sewer Service Area 12 Units @ $419.00 per Unit 5,028.00 $5,028.00 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Capacity Enhancement Charge Comelia Trunk Sewer Service Area 12 Units @ $0.00 per Unit 0.00 $0.00 ( Copper Avenue Sewer Lift Station Benefit Service Area Char e 0 Units @ $650.00 per Unit na nal ( Fowler Trunk Sewer Interim Fee Surety 0 1 Units @ $1 000.00 per Unit na nal Payable at the rate in effect at time of issuance of Certificate of Occupancy. The fee rate currently in effect is$1000 per Living Unit or Living Unit Equivlent. EXHIBIT B vi 1/01/01 Printed 01/12/05 8:46:08 AM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5259 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2004 0802 Estimate Number 4993 1 Water Job Number Estimated Deposit(FMC 14-111 $14,206.50 $14,200.:0 (b1)Service Connection Charges 1-211-Meters to existing services @ $330.00 each 3 960.00 $0.00 $3,960.00 (162)Landscape Service Connection Charges 1 2"Services&Meters @ $2,020.00 each 2, 0. 01 $2,020.00 (c)Frontage Charge 662 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $4 303.00 Less estimated Frontage Charge Credits Frontage Charge 4 303. 0 $0.00 $4,303.070 (d)Transmission Grid Main Charge B UGM Reimbursement Area 3.0153 Net Acres @ $804.00 per Net Ac $2,424.30 Less Estimated TGM Construction Credits Transmission Grid Main Charge 2,424.301 $0.00 $2 424.30 (e)Transmission Grid Main Bond Debt Service Charge 3.0153 Net Acres @ $304.00 per Net Ac $916.65 Less Estimated TGM Bond Debt Service Charge Credits $0.00 Transmission Grid Main Bond Debt Service Charge 916.65 $0.00 $916.65 ( UGM Water Supply Fee 301 s Supply Well Service Area 121 Living Units(residential) @ $508.00 per Unit $6,096.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee 6,096.00 $6,096.00 ( Well Head Treatment Fee 301 Well Head Treatment Service Area 121 Living Units(residential) @ $221.00 per Unit $2,652.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee 2,652.001 $2,652.00 (111 Recharge Fee 301 Recharge Service Area 12 Living Units(residential) @ $0.00 per Unit (i)1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 121 Living Units(residential) @ F $60.00 per Unit $720.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee 720.00 $0.00 $720.00 EXHIBIT 8 v11/01/01 Printed 01/12/05 8:46:08 AM Page 3 of 4 EXHIBIT B Subdivision Agreement for T- 5259 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (QUUGM FM FEE 161 Fire Fire Station Service Area 4.0498 Gross Acres @ $1 242.00 per Gr Acre $5 029.85I so-0-01 I $5,029.K5] (b UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 4.0498 Gross Acres @ $1,783.00 per Gr Acre $7 220.79 $0.00 $7,2207-91 (c UGM MAJOR STREET CHARGE E-41 Major Street Zone 3.0153 Adjusted Gross Acres @ $3 531.00 per AG Ac $10 647.02 Less Estimated Major Street Charge Construction Credits Major Street Charge 10847.02 $0. 1 $10 647.02 (d)UG STREET BRIDGE CHARGE E-441 Major Street Bridge Zone 3.0153 Adjusted Gross Acres @ $196.00 per AG Ac $591.00 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge 5 1.0 $0.00 $591.00 (a UG AI SEPARATION CHARGE E-4-A Grade Separation Service Area 3.0153 Adjusted Gross Acres @ $0.00 per AG Ac na ( UGM TRUNK SEWER FEE Cornelia I Trunk Sewer Service Area 3.0153 Adjusted Gross Acres @ $0.00 per AG Ac na ( OVERLAY SERVICE AREA Millbrook Overlay Service Area 3.0153 Adjusted Gross Acres @ $0.00 per AG Ac na 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS TRAFFIC SIGNAL CHARGE 121 Living Units(residential) @ $414.69 per Unit $4,976.28 Less Estimated Traffic Signal Charge Construction Credits $0.00 Traffic Signal Charge $4,976.251 1 $0.00 $4 976.28 Total Impact Fees&Charges $90,561.61 $44,819.00 50 718.89 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $29,440.59 TOTAL(B) IMPACT FEES&CHARGES 1 $44,819.001 $50,718.K91 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $74 259.59 6r) EXHIBIT 8 v11/01101 Printed 02/07/05 8:59:27 AM Page 4 of 4 Finance Control No. City of Fresno Security Deposit Form To: Finance Department -Accounting Division From: Elizabeth Ponce - Public Works Department X CD Passbook Other Deposited At: County Bank Fresno Office, 2150 W. Shaw Ave., Fresno, CA 93711 Certificate/Acct. No: 1570013675 Deposit Amount: $15,000.00 Maturity Date: 08/18/06 Depositor: Name: Artel Farms Inc. Address: 5100 N. Sixth Street, Fresno, CA 93710 Street city/State Zip Job Address: T5259 :- Received By: Eliza f ;1Qe, Public Works Date: March 1, 2005 Authorization to Release Signature Date Release To: Name: Address: Street city/State Zip y ;•i r '"''yin, •+ p �. f + v..9,;:ar' ..,,'...�,. FIN Released By: Name OMe q. . Type of Release: maw > o D*iwmed Date Dam�A AIL ` IP'� �,S+ S-"T�'R�T''�.*� `'7�i� �"1 ��k'l ltt f xj• li. .`,qy�. �i [j nslrur s- ' 1 ; y. WX. � J �,( :. v f ', r a .�.`j ! .1 d r{ 1•'1 L. w, 4 ,�jj 3 "1a r i Cpm�rrients: Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) 4vl �4_01111�il,SECURITY FOR: et hereinafter called ASSIGNOR, whose principal place of PUsines is LJ Street City State Zip Code do(does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and i terest of whatever nature, of as ignor, in and to the insured account of as in the — evidenced by w� in the amount of$ 1 number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. . Dated this � � day of ; ._4_ , 20 . z LZL�2 f 2, Name & Titl of Assignor RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold, claim or obligation of the above-identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this day of f ,f° , 20 L Bank Name Branch Location City State Name ; Title of Officer i � rK Assignment Form Page 2 Map: 5259 RECEIPT FOR CERTIFICATE, OR SHARE(S) AND DIRECTION TO PAY EARNINGS Receipt is acknowledged of the above assignment and the Certificate of Share(s)identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any earnings on the above-identified account to the above-named assignor until otherwise notified in writing by the p3,h1; 40�:ksDenaxt=t of the City of Fresno. Dated this 1 day of Trtarch , 20o_," tonthorized Officer or Employee am, Assistant Director 559-621-9650 Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. PAYMENT OF FUNDS AND RELEASE OF ASSIGNMENT The City of Fresno hereby requests payment to be made to the City of Fresno in the amount of$ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of $ and relinquishes all further right, title and interest of whatever nature in the Deposit Account. Dated , 20 By Authorized Officer or Employee CERTIFICATE OF TIME DEPOSIT - NON-NEGOTIABLE AND NON-TRANSFERABLE NUNBERATE 1570013675 ISSUED TO NAME(S)AND ADDRESSES)OF DEPOSITOR(S)("you,your") NAME AND ADDRESS OF ISSUER/FINANCIAL INSTITUTION('we,us-) ARTEL FARMS INC COUNTY BANK PAYABLE TO CITY OF FRESNO FRESNO OFFICE 2150 W SHAW AVENUE 5100 N SIXTH STREET FRESNO, CA 93711 FRESNO CA 93710 15 S.S.f IT.LN. ISSUE DATEMATURITY DATE JFRI AUTOMATICALLY RENEWABLE TERM AMOUNT OF CERTIFICATE 94-2448677 2/18/05 8/18/06 SINGLE MATURITY 18 MONTHS 1 $15,000.00 OWNERSHIP TYPE:Corporation Words or phrases preceded by a a are applicable only if the a is marked. Phrases containing a blank space which is not filled in o1 completed with an N/A are not applicable. x] FIXED RATE.The deposit evidenced by this Certificate will earn an annual interest rate of 3.2000 % Annual Percentage Yield 3.25 CERTIFICATE FEATURES F-1 CALLABLE. This Certificate has a "call" feature as described in the Account Agreement: x� BUMP-UP. The Certificate has a "bump-up" feature as described in the Account Agreement: Interest Payment Frequency mon thI which will be F-1 credited to account number F-1 paid to depositor(s) by check. a added to principal of this Certificate. Interest will be calculated on a basis ofX� 365 days F—] Other Interest will be compounded EARLY WITHDRAWAL PENALTY: 1 .12 of thp tprmn f n _erect on th amountarrinunt w; _hd awn - max;mum 3f I year- Early Withdrawal Penalty may invade principal. X�Grace Period-Automatically Renewable Certificate: 10_days. If this Certificate is withdrawn during the grace period, F—]the interest rate will be %. Xa the interest rate will be the same rate of interest that would have been paid on this Certificate if renewed. F-1 interest will not be paid during the grace period. El O Post-Maturity Interest-Single Maturity Certificate: O The interest rate paid on the deposit after the Maturity Date will be %. F-1 Interest will not be paid a r the Maturity Date. i Authorized Signer: X _ Optional Signature (Official) X PATRIC NSLAGER CSO — - REDEMPTION. The Depositor(s) acknowledge(s) receipt of funds represented by this Certificate of Deposit. X X DEPOSITOR SIGNATURE/DATE DEPOSITOR SIGNATURE/DATE ©CNVIissrce Systema,Inc.1991,1993,1995,1998,1997,1998,2000,2001,2002,2003,2004 www.comyliemnysfems con ITEM 578BALD(04081 Pepe 1 of 1 800.988.8522 Fax 816-958.1888 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: Financial Pacific Insurance Co., P.O. Box 292220, Sacramento, CA 95829-2220 Certificate/Acct. No: S800879 Deposit Amount: $290,000.00 Maturity Date: Depositor: Name: Artel Farms Inc. Address: 5100 N. Sixth Street, Fresno, CA 93710 Street City/State Zip Job Address: T5259 Received By: Elizabe4on4, Public Works Date: March 1, 2005 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Accepted gy: <,...�Y Name ;ogle � Released By: Name Osla Type of Release: mew ,��, 'fte l eckr0oWeic! receipt'Cf t! f�1f+ lk a y Mr ii Sionstu e. •VYW y ry 1'� tj'r+t t , Comments: Bond Number: S800879 Premium: $4,350.00 =FAITHFUL PERFORMANCE BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and ARTM FARMS TN ORPORATFn (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 identified as project TRACT NO. 5259 , 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 FINANCIAL PACIFIC INSURANCE COMPAIJ%s surety, hNO� I'H T" ' wSjre City of Fresno, (hereinafter called "City"), in the penal sum of ollars ($290.000.00%', * ) 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 attomey'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 anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Faithful Performance Bond (Subdivision Agreement) Page 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, on TANTIARV 98 20M _ ARTEL FARMS INCORPORATED By: eg• DAVID DYCK, PRESIDENT By: Address of Surety FINANCIAL .PACIFIC INSURANCE COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By. P 0 BOX 292220 By: IE CARMEN, ATTORNEY IN FACT SACRAMENTO CA 95829-2220 Surety Acknowledgment by attorney-in-fact must be attached. BONDFORKDOC Revised 08I04104 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER -800879 POWER NUMBER 800879 PRINCIPAL ARTEL FARMS INCORPORATED PENAL SUM $290,000.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation(the"Company"), does hereby make,constitute and appoint: Donald P. Sharp,Janie Carmen, Betty Jo Peacock its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances t'n•.other.w'ritten abligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995,which are now in full force and effect: RESOLVED, that the President or an Vice President, in conk' ti With the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authorityas defined or limited in,the inS�tliont evidencing the appointment in each case, for and on behalf of the Company,to execute and deliver wid ffix the seal of the Company to"bands,unbdertakmgs,recognizancea,`and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or went and revoke"any power of attorney previously granted such person. RESOLVED FURTHER, that'sny.bond, undertakieg ze iaizance,-for surer ship obligation shall be valid*and binding upon the Company when signed and sealed (if a seal be"required) by dnG'or,'JO to ntit�esteys(n-act�pursuan# to and within the litfuits.of the authority evidenced by the power of attorney issued by the Company4o sut t ierattn`of persot ." RESOLVED FURTHER,;that the signature of any authiriized fichrnnd.tbe seal of the.CortlpaAy maybe afi� i;by facsimile to any power of attorney or certification thereof authorizing the execution d tlehvery o1' i3`"ootid, undertaking;.rclgnizag.br other suretyship obligations of the Company;any such signature and seal when so used`shall nave"the"same fbrfe-atltl effect as thou tisqtnttually affixed. IN WITNESS W. HW Financial Pacific Insurance"Company has caused these presents 66- signed by its proper officers,and its corporate seal to lxehereunto *j5i i9'f. 4rc4,2004. �F\C INS 1j,9 G c O Q.r? ULY 2 ' 2 Robert T.Kingsley,President 1R.Hollingshead,Sec ary ,&: 1986 ;'yam= STATE OF CALIFORNIA,COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed +tto+the said instrument by the authority of the Board of Directors of said corporation. REBEKAH MOELLER r COMM.•1471300 m W Mowy Pw t -CaNfo�nla W ar KAC6Mt t CO 1 + Rebekah Moeller,Notary Public Ary Comm.Exp,Fab 21,20H CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth,and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento,this 28th day of JANUARY ,20 OS John ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of TULARE On JANUARY 28, 2005 before me, IRENE M. CAMPOS , DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" personally appeared JANIE CARMEN NAMES)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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized MENEM.CAM POS capacity(ies), and that by his/her/their Conm.N 1531315 signature(s) on the instrument the person(s), NOT�nIMCKWV � or the entity upon behalf of which the Mr cow.UW0 DEC 3'coos person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED - ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTRY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4194) FI11 AM4L PACIFIC •..:_.��„� Bond #S800879 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of$100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 28th day of JANUARY 2005 Financial Pacific Insurance Company �JKNIE CARMEN , Attorney-in-Fact (Corporate Seal] 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: Financial Pacific Insurance Co., P.O. Box 292220, Sacramento, CA 95829-2220 Certificate/Acct. No: S800879 Deposit Amount: $152,500.00 Maturity Date: Depositor: Name: Artel Farms Inc. Address: 5100 N. Sixth Street, Fresno, CA 93710 Street city/State Zip Job Address: T5259 t� Received By: Elizab Ponc;,)Public Works Date: March 1, 2005 Authorization to Release Signature Date Release To: Name: Address: Street city/State Zip FINAf CEt USE ©lL Accepted.By oft Released By: jf twrw . 4 e t•l n Y Y ,es. Type of ReieB$e: mww HMO D*W 4ard i aCknowledg@ receipt of the above Werenced Insttuni6nit Signature: Date Comments Bond Number: S800879 Premium: INCLUDED IN PERFORMANCE BOM SUBDIVIDERS- PAYMENT; BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and ARTi F FARMS MORPnRATEn (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement,dated ,20 anti identified as project TRACT NO. 5259 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 file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15(commeWrtg 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 other persons employed in the performance of the aforesaid a reement and referred to in the aforesaid Code of Civil Procedure in the sum ofR dollars ($152,500.00-'�%,-r* ), for materials fumished or labor thereon of any kin ,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. -'r AND N0/100 Subdivider's Payment Bond (Subdivision Agreement) Page 2 In witness whereof,this instrument has been duly executed by the principal and surety above named, on JANUARY 28 , 20o_ ARTEL FARMS INCORPORATED By: _��-:?�, DAVID DYCK, PRESIDENT By: Address of Surety FINANCIAL PACIFIC INSURANCE COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By. P 0 BOX 292220 J IE CARMEL, ATTORNEY IN FACT By. SACRAMENTO CA 95829-2220 Surety Acknowledgment by attorney-in-fact must be attached. SONDFORM.DOC Revised 08/04104 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER SBOO879 POWER NUMBER 800879 PRINCIPAL ARTEL FARMS INCORPORATED PENAL sum $2901000.00 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Company"). does hereby make,constitute and appoint: Donald P.Sharp,Janie Carmen,Betty Jo Peacock its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a sea]is required on bonds,undertakings,recognizances or other written obligations in the nature thereof as follows: Bid,Performance,Payment,Subdivision and Miscellaneous Bonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995,which are now in full force and effect: RESOLVED, that the President or an Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authorityas defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company=to execute and deliver and ffix the seal of the Company to bonds,unbdertakrngs,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be to by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company;any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Financial Pacific Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 15th of March,2004. XF�C`111111INSU�44i�� pPPORq '� `., t)LY 22 C),;0 Robert T.Kingsley,Presiden J R.Hollingshead,Se 's 1886 ;ate; �y. /F019 STATE �•• STATE OF CALIFORNIA,COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the sea]of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. RENEKAH MOELLER 01471 W P ai wt0omy Rebekah Moeller,Notary Public RY Cenm EqL Fab 21,200/ CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company,a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked furthermore,that the resolutions of the Board o Directors set forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 28th day of JANUARY ,20 05 — 1�aaL-0-- John 1711ingsheaa,Secretary Financial Pacific Insurance Company seal must be affixed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County Of TULARE On JANUARY 28, 2005 before me, IRENE M. CAMPOS DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC personally appeared JANIE CARMEN NAMES)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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized StEIM.CAMPOS capacity(ies), and that by his/her/their CINIM11531315 H signature(s) on the instrument the person(s), Wr f�� or the entity upon behalf of which the IwNWDfl {i1EC&MI person(s) acted, executed the instrument. WITNESS my hand and official seal. ----7 SIGNATURE 6F NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S 959D(4/94) FI11rAMML PACIFIC Bond # S800879 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula estafilished by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurers combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of$100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and sealed this 28th day of JANUARY , 2005 Financial Pacific Insurance Company J N �R�Afforney-in-Fact [Corporate Seal]