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HomeMy WebLinkAboutT-5262 - Agreement/Covenant - 3/3/2005 City of Ir -i,.. PUBLIC WORKS,DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10675 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5262/NON-UGM , � J Subdivision Agreement Tract No. 5262/NON-UGM Page 2 THIS AGREEMENT is madethis day of ,2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and McMILLIN RUSTIC OAKS, LLC, a Delaware Limited Liability Company, 111 South Johnson, Visalia, California 93291-6445, 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. 5262 (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 .j Subdivision Agreement Tract No. 5262/NON-UGM Page 3 No. 5262/NON-UGM dated March 12, 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 November 30, 2005, except as noted below. b. The Sidewalk and driveway approach construction for-the interior lots of the subdivision shall be completed on or before November 30, 2007. 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 Agreement. Subdivision Agreement Tract No. 5262/NO.N-UGM Page 4 d. .The Issuance of building permits for any structure within the subdivision shall .conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdivider's attention is particularly called to Part III, Article 9 of. UFC relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and.fire fighting water supply requirements have been met. No occupancy permit shall be issued until all Fire Department requirements for occupancy have.been met. The issuance of-any occupancy permits by the City.for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of. any or all of the streets and improvements in the subdivision. e. 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 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: Subdivision Agreement Tract No. 5262/NON-UGM Page 5 a. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. 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 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. J. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with Public Works Standards within seven (7)days from the time said streets are surfaced, or as directed by the City.Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with Public Works Standards within seven (7)days from.the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the.Fresno Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Subdivision Agreement Tract No. 5262/NON-UGM Page 6 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. L The Subdivider shall install the fencing/walls, landscaping and irrigation system, in accordance with the approved improvement plans(i.e., Landscape and Irrigation Plans, Grading Plans), within the Landscape Easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the landscaping and irrigation.systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the maintenance thereafter. The Subdivider shall provide each prospective purchaser,a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. The improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to .the Planning . and Development Director 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 L City Drawing Nos:[10-C-8606 through 10C-8613 with Water Job No. 498.1 (8 sheets) inclusive, 15-C-12029 through 15-C-12042 (13 sheets) inclusive, Drawing No. 4-C-798.(1 sheet) inclusive], unless specifically omitted herein. A. Fresno Metropolitan Flood Control District Drawing.Nos: PP-F71 through PP-F-7 (2.sheets) inclusive, unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno .Municipal Code in accordance with the Public Works Standards and the construction plans. 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,F.MC 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." Subdivision Agreement Tract No. 5262/NON-UGM Page 7 I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City has made its best faithefforts 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 . M. Fresno City Planning Commission Resolution No. 12006 modified Condition of Approval No. 62 to construct a water supply well(s) on a site(s) dedicated to the City of Fresno, and now requires that the Subdivider shall provide non-reimbursable funding for upgrades and improvements to an existing well sites and infrastructure as approved and determined feasible by the Department of Public Utilities Water Division's Water.Systems Manager as.stated and made partof this agreement in the attached Exhibit"C".. 4. It is.:agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in .strict accordance with.the approved construction plans for said work on file with the City Engineer and the Public Works.Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any Public Works Standards for any of said work, it is agreed,that the.same shall be done.and performed in accordance with the standards and specifications of the State of California,Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection.of and to the satisfaction of the City Engineer. 5. Prior to the approval by the Fresno City Council of the Final Map, the.Subdivider shall furnish to the City the following improvement securities in the amounts more particularly Subdivision Agreement Tract No. 5262/NON-UGM Page 8 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 to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether such land be privately or publicly owned. Subdivision Agreement Tract No. 5262/NON-UGM Page 9 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 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 Subdivision Agreement Tract No. 5262/NON-UGM Page 10 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 which the Subdivider shall be solely responsible. 14. Wheneverthe 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 Subdivision Agreement Tract No. 5262/NON-UGM Page 11 Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as .prescribed. Defective work shall be. made good, and unsuitable materials may be rejected, notwithstanding the fact that such. defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage.to.the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any`street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. 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 Subdivision Agreement Tract No. 5262/NON-UGM Page 12 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. 1.7. 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. 5262/NON-UGM Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation McMILLIN RUSTIC OAKS, LLC MICHAEL T. KIRN, DIRECTOR " a Delaware Limited Liability Company PUBLIC WORKS DEPARTMENT By: McMillin Management Services, L.P. a California Limited Partnership as Manager By: Corky McMillin Construction Services, Inc. a California Corporation as Gene al Partner ATTEST: CA E. KLISCH CMC B : REBECCA y CITY CLERK J e A. e , ' E utive Vi President By: � ^� ©e�puty ` By: Jim . Robinson, Vice President APPROVED AS TO'FORM HILDA CANTO MONTOY City Attorney (Attach Notary Acknowledgment) By: Deputy K:\Louisr\FT 5262\FT 5262 Subdivision Agreement Final Map v08-26-04.wpd LR September 30,2004 STATE OF CALIFORNIA) SS. COUNTY OF TULARE ) On October 11, 2004, before. me, the undersigned, a notary public for the state, personally appeared JOSEPH A. LEAL AND JIM W. ROBINSON 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), or the entity behalf of which the person(s) acted, executed the instrument. Mo J. --TURGEON WITNESS my hand and official seal COMM. 1454944 NOTARY PUBLIC-CALIFORNIA TULARE COUNTY L%CMM,EWmsDm awl NOTARYIGNAT (QESEAL I Tract No. 5262/Non UGM P.W. File No. 10675 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 11, 2004, in the office of the Fresno County Recorder as Document No. 2004-0175652 of which the Deed of Trust in by and between : McMillin Rustic Oaks, LLC, a Delaware Limited Liability Company as Trustor, Unionbancal Mortgage Corporation, a California Corporation as Trustee, and Union Bank of California, N.A., as 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. 5262. DATED: BENEFICIARY Union Bank of California, N.A. James Nigro Vice President B : By: Certificate Of Acknowledgment State of California ) County of San Diego ) On October 27, 2004 before me, Robin L. Melanson , a Notary Public for the State of California, personally appeared James Nigro , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) ROBNI -LIIBANsoNN Signature ConinKsionat3W74 Notary Public-California Sam Diego,County W20061 Eicpirea Feb 25,2006 EXHIBIT A Subdivision Agreement for Tract 5262 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $149,500 Well Construction Cost Estimate Sewer System Construction Cost Estimate $138,550 Street Construction Cost Estimate $1,222,766 Final Cost Estimate(for Inspection Fee purposes) $1,510,816 260 Landmarks, Monuments, Lot& Block Corners($50/ea) �— $13,0001- Sub-Total 13,000 -Sub-Total (for bonding purposes) $1,523,816 Construction Contingency(10%) $152,382 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,676,198 $1,676,000 "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 $1,592,000 5% of amount shall be in cash or a Certificate of Deposit $84,000 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 $838,000 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 $o 100% of amount shall be in cash or a Certificate of Deposit $0 C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next$50,000 $2,000 1% of next$400,000 $4,000 0.5% of amount over$500,000 1 $5,900 Minimum amount $14,900 EXHIBIT A v4/28/00 Prepared By: Frank Date: 09/20/04 Print Date:09/20/04 10:33:56 AM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5262 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<$10K na . (11.52%;$600 minimum fee) $0 Final Cost Estimate>$101<:<$5001< I nal ($4836+3.25%of amount over$1 OK) $1,510 816 Final Cost Estimate over$500K $62 236.46 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $14 584.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee 47 652.46 $47,652.46 2. MONUMENT CHECK FEE 113 Lots and Outlots @ $30.00 per Lot 3 390.00 $3,390.00 (Min$200) 3. STREET SIGNS 11 Street Name Sign sets @ $173.00 per set $1 903.00 $1,903.00 Warning/Regulatory signs @ $77.00 sign $154.00 $154.00 4. STREET TREES City installed(15-gallon)Street Trees @ $129.00 per Tree na na 184 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $5 520.00 $5,5207070] Trees 5 520.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) S. 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 11-226(f)(6) Lum Sum Charge as established by Public Works Director na na 7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 113 Lots(anticipated maintenance cost) @ $174.97 per Lot $19 771.61 Lum Sum Other maintained features $0.00 Lots(incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 113 assessment district proceedings @ $0.00 min) $2 300.00 Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00 Total $22 376.61 $22,376.61 $185.00 Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet @ per LF na na 9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 41/Friant Road/Herndon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac TOTAL MISCELLANEOUS FEES 8 CHARGES $80,996.07 $80 996.07 EXHIBIT B v11/01/01 Printed 09/20/04 10:33:26 AM Page 1 of 4 EXHIBIT B Subdivision Agreement for T- 5262 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED R27.9100 Gross Acres 25.0161 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 113 Units(residential) R-1 Zoning no Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES PP FMFCD Drainage Area 27.7298 Acres per FMFCD @ $3,180 per Acre $88 181.00 FMFCD Drainage Area 27.7298 Acres per FMFCD @ $0 per Acre Local Drainage Fee 11 $88,181.0011 $88,181.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: S.Peach Avenue 79,4-0-01 SF Frontage: I E.Lane Avenue 125 800 SF Frontage: I E.Butler Avenue L 88,300 SF Total Square Feet 293,500 SF 293 500 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $29 350.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge11 350.00 $0.00 $29 350.00 (b Oversize Sewer Charge non- UGM Reimbursement Area Frontage: S.Peach Avenue 79,400 SF Frontage: E.Lane Avenue 125,800 SF Frontage: E.Butler Avenue 88,300 1 SF Total Square Feet 11 293,500 SF 293 500 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $14 675.00 Less estimated Oversize Credits $0.00 Less estimated Overdepth Credits $0.00 Oversize Sewer Charge 14,675.00 $0.00 $14,675.00 (c)Trunk Sewer Charge Trunk Sewer Service Area 113 Units @ $0.00 per Unit 11na (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Ca acity Enhancement Charge na Trunk Sewer Service Area 1131 Units @ $0.00 per Unit 11 naJJ Copper Avenue Sewer Lift Station Benefit Service Area Char e ( J Units @ $650.00 per Unit 11na EXHIBIT B v11/01/01 Printed 09/20/04 10:33:26 AM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5262 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED ( Fowler Trunk Sewer Interim Fee Surety 0 Units @ $1 000.00 per Unit na 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") F2-00-4-0-52-1-7]Estimate Number 49811 Water Job Number Estimated Deposit(FMC 14-1114) 10,800.00 $0.001(B3) (133) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 110 1"Meters to existing services @ $330.00 each 36,300.00 $0.00 $36,300.00 L_ 3]1-1/2"Meters to existing services @ $455.00 each 1,00 $0.00 $1,365.00 (b2)Landscape Service Connection Charges 2 2"Meters to existing services @ $530.00 each1,060.00 $1,060.00 (c)Frontage Char e Frontage: Is.Peach Avenue 7941 LF Frontage: E.Lane Avenue 1,2581 LF Frontage: E.Butler Avenue 883 LF Sub-Total Lineal Feet(full rate) 2 935 LF 2 935 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $19 077.50 Sub-Total Frontage Charge $19 077.50 Less estimated Frontage Charge Credits Frontage Charge 19,077.50 $0.E0:1 $19,077.50 (d)Transmission Grid Main Charge non- UGM Reimbursement Area 27.9100 1 Gross Acres @ $643.00 per Gr Acre $17 946.13 Less Estimated TGM Construction Credits Transmission Grid Main Charge 17 946.13 $0.00 1 $17,946,131 (e)Transmission Grid Main Bond Debt Service Charge 27.9100 Gross Acres @ $243.00 per Gr Acre $6,782.13 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge 6 782.13 $0.00 $6,782.13 ( UGM Water Supply Fee Supply Well Service Area 113 Living Units(residential) @ $0.00 per Unit na ( Well Head Treatment Fee Well Head Treatment Service Area 113 Living Units(residential) @ $0.00 per Unit na (h)Recharge Fee 0 Recharge Service Area 113 Living Units(residential) @ $0.00 per Unit na (i 1994 Bond Debt Service Fee 0 11994 Bond Debt Service Fee Service Area 1131 Living Units(residential) @ $0.00 per Unit na EXHIBIT B v11/01/01 Printed 09/20/04 10:33:26 AM Page 3 of 4 • EXHIBIT B Subdivision Agreement for T- 5262 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS NON-UGM Total Impact Fees&Charges $225,536.76 $89,241.00 $125,495.76 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $80,996.07 TOTAL(B) IMPACT FEES&CHARGES $89,241.00 $125,495.76 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $170,237.07 EXHIBIT B v11/01/01 Printed 09/20/04 10:33:26 AM Page 4 of 4 City of EXHIBIT C , WATER DIVISION DATE: May 10, 2004 TO: SHELBY CHAMBERLAIN, Planner III Planning and Development Department/Planning Division FROM: LON MARTIN, Water Systems ManagbR. ' MAY 17 2004 Department of Public Utilities/Water Division Planning Division !development Department SUBJECT: MODIFIED CONDITIONS - TRACT 5262 C.7y OF FRESNO On April 21,2004; a condition of approval for Tract 5262 was modified. The modified condition No. 62 reads as follows: 62. Construct a water supply well(s) on a site(s) dedicated to the City of Fresno. The well(s) shall be capable of producing a minimum total demand of 500 gallons per minute, sufficient to serve peak water demand for the project. Well,sites shall be a size and at a location acceptable to the Water Systems Manager. In lieu of well construction,the developer shall provide non-reimbursable funding for upgrade(s)and improvement(s)to an existing well site(s) and infrastructure as approved and determined feasible by the Water Systems Manager. A study of possible"upgrade(s) and improvement(s)to an existing well site(s) and infrastructure"has shown thatyields from Wells 82-2 and 153-1 may be improved by the replacement of pump bowls and, in one case, a motor of greater horsepower. The estimated cost for materials, labor and equipment to complete the work,including necessary flushing, disinfection, sampling and electrical work is$45,050. The current combined yield from Wells 82-2 and 153-1 is 1,400 gallons per minute. Upon completion of the work; the combined yield will be measured. In the event the increase in the combined yield exceeds the estimated 250 gallon per minute peak demand of Tract 5262,the developer's cost will be adjusted to a proportionate share of the increased yield. The following labor and materials agreement will be applied to the deposit of$45,050 for the work to be performed on behalf of Tract 5262. City of Fresno Time and Materials Agreement The City of Fresno is authorized to bill the applicant for the cost of labor, overhead, equipment, and materials incurred by the City to perform the above described work. The deposit submitted is for the estimated amount of the work to be performed. If the actual cost of the completed work exceeds the amount of the deposit, the City.will bill the applicant for the unpaid balance; if the amount of the deposit exceeds the actual cost of the work, the difference will be refunded in the normal course of City business. The final cost of the completed work will be determined by typical accounting procedures of the City of Fresno. TAPROJM\Mike\Conditions of Approval\5262 050764.wpd Bond Number: 213 56 41 Premium:Included in Performance Bond SUBDIVIDER'S PAYMENT BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and McMillin Rustic oaks,. LLC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated — — — — — — — — — — — — = — — - 2 0 — — —and identified as project Rustic Oaks 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 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of eight hundred thirty eight thousand and no/100 dollars ($ 838,000.00 ), 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 hereinabove 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. i 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 October 25 —, 20o4 By: **SEE ATTACHED SIGNATURE PAGE** By: Principal Address of Surety Insurance Company of the West McMillin Rustic Oaks, LLC 11455 E1 Camino Real BY: **SEE ATTACHED SIGNATURE PAGE** San Diego, CA 92130 By: Surety Acknowledgment by attorney-in-fact must be attached. t McMILLIN Rustic Oaks, LLC SIGNATURE BLOCK Signature Block for Bond Number 213 56 41 to be attached to and become a part of. McMillin Rustic Oaks,LLC a Delaware limited liability company By: McMillin Management Services,L.P. a California limited partnership Its:Manager By: Corky McMillin Construction Services,Inc A California corporation Its: General Partne By: Its: $ _ ✓- .-/ '� Its: sie. Y INSURANCE COMPANY OF THE WEST BY: ILV� y Sioux Muny6,Attorney-in-Aict Insurance Company of the West 11455 El Camino Real San Diego,CA 92130 1 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On 10/7/04 , before me, Ann M. Futo, Notary Public personally appeared Joe W. Shielly and Thomas A. Fuller personally known to me 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 persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my han and official seal. Signature ANN M. FUTO �: COMM.# 1289207 z ----- Z j NOTARY PUBLIC-CALIFORNIA U) SAN DIEGO COUNTY +' MV COMMISSION EXPIRES JAN 1.2005 - This area for official notarial seal Title of Document Subdivider's Payment Bond, McMillin Rustic Oaks, LLC—213 56 41 Date of Document No. of Pages Other signatures not acknowledged Notary Form-2 McMillin Companies 1 Bond No: 213 56 41 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that.the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. No. 0001409 ICW GROUP Power of Attorney Insurance Company ofthe West The Explorer Insurance Company Independence Casualty and Surety Company i KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West;a Corporation duly organized under the laws ofthe State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws ofthe State of Texas,(collectively referred to as the"Companies".),do hereby appoint SIOUX MUNYON,ANNE WRIGHT their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalfofthe Companies,fidelity and surety bonds,undertakings, and other similar contracts ofsuretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. �`LTY o �OPAPANYQF j \K uq p9P da, INSURANCE COMPANY OF THE WEST dao ppPO�r 'y Q`6�op 0p A4r4y� v G THE EXPLORER INSURANCE COMPANY neo en m SEAL n w r a INDEPENDENCE CASUALTY AND SURETY *44"i.�°�4 �9°i ,0� 0 oL a e COMPANY roHA f� John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared Jobn L.Harmum and John H.Craig,personally known to me 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. MARY CURB .''- COAiIM.#1321344 c1 U NOTARY!PUBLIC-CALWORNIA (A / 144e� SANDIEGOCOUNTY ':n. V r My Commission Expires - SEPTEMBER20,2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seats under authority of the following resolutions adopted by the respective Boards of Directors of each ofthe Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf ofthe Company,fidelity and surety bonds;undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status ofthe appointment,may be facsimile representations of those signatures;and the sibmature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company ofthe West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies,and are now in full force. IN WITNESS WHEREOF,Ihave set my hand this26th 11-1 day of_OCtObeY 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California •n > County of San Diego `5 before me, Nancy I. Trusso, Notary Public On October 26, 2004 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") T' �,;• personally appeared Sioux Mun on rt Name(s)of Signer(s) Z7 personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) r; whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the s r same in his/her/their authorized capacity(ies), and that by �4 '�"=>1 his/her/their signature(s)on the instrument the person(s),,.zc.r•,•.., NANCY I.TRUSSO I or the entity upon behalf of which the person(s) acted, r� c. h COMM.#1327166 W executed the instrument. -� � NOTARY PUBLIC-CALIFORNIA o a SAN DIEGO COUNTY - My Comm.Exp.Oct.28,2005 WITNESS my hand and official seal. Signature-Cr 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. 07 c Description of Attached Document Title or Type of Document: Bond Document Date: Number of Pages: _ Signer(s) Other Than Named Above: ' Capacity(ies) Claimed by Signer(s) <� Signer's Name: Sioux Munyon Signer's Name: l' ❑ Individual ❑ Individual f. ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—_ Limited i General �c Attorney-in-Fact ❑ Attorney-in-Fact S ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator =' Top of thumb here Top of thumb here ❑ Other: ❑ Other: :, Signer Is Representing: Signer Is Representing: Insurance Company of the h West (� t'-.....- .r--�. .1^ .J•— .•.r-.-�.:�— ..�-a-r v�r-- �-Y ,�•:;< ,Y.-cr'..r �-���C.'GC,�`"•�C.-`'�-t.'�=C:��GJ�C�`46� 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Bond Number: 213 56 41 Premium: $7,194.00 FAITHFUL PERFORMANCE BOND (Subdivision Agreement) WHEREAS, the City Council of the City of .Fresno, State of California, and McMillin Rustic Oaks, LLC (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated — — — — — — — — — — — — — — 2 0 — — — — and identified as project Rustic Oaks is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Insurance Company of the west , as surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of one million five hundred ninety two thousand and no/100 dollars ($ 1,592,000.00 ) 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 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 October 26, ' 2004 By: **SEE ATTACHED SIGNATURE PAGE** By: Principal Address of Surety Insurance Company of the West McMillin Rustic Oakes, LLC 11455 .E1 Camino Real San Diego, CA 92130 By: **SEE ATTACHED SIGNATURE PAGE** By: Surety Acknowledgement by attorney-in-fact must be attached. BONDFORM.DOC Revised 09/30/94 McMILLIN Rustic Oaks, LLC SIGNA'T'URE BLOCK Signature Block for Bond Number 213 56 41 to be attached to and become a part of-.., McMillin Rustic Oaks,LLC a Delaware limited liability company By: McMillin Management Services,L.P. a California limited partnership Its: Manager By: Corky McMillin Construction Services,Inc A California co on Its: General Part r By: Its: SR, g/. P By: / Its: c>ie. V )p INSURANCE COMPANY OF THE WEST By: 'ZdSioux Mun on,Atto ey-in- act Insurance Company of the West 11455 EI Camino Real San Diego,CA 92130 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On 10/7/04 , before me, Ann M. Futo, Notary Public personally appeared Joe W. Shielly and Thomas A. Fuller , personally known to me 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 persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my ha d and official seal. Signature ANN M. FUTO ,��......,,.•I. COMM.# 1289207 z z , NOTARYPUBLIC-CALIFORNIA C SAN DIEGO COUNTY MV COMMISSION EXPIRES JAN t,2005 This area for official notarial seal Title of Document Faithful Performance Bond, McMillin Rustic Oaks, LLC—213 56 41 Date of Document No. of Pages Other signatures not acknowledged Notary Form-2 McMillin Companies Booed No: 213 56 41 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can,be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. No. 0001409 ICW CROUP 7 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint SIOUX MUNYON,ANNE WRIGHT their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behal f of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. EpaN'P'ULYO�. \K US 9 9`' n•�� INSURANCE COMPANY OF THE WEST m`�� OAPOpgr may^ e�Qop R4��c+ L� g I THE EXPLORER INSURANCE COMPANY SEALS m r s '� INDEPENDENCE CASUALTY AND SURETY 448CH\.\o'M1 ,6c�'9� 1mm Z a oo COMPANY � rON A da '9ya 04LIFORN\� H1 *tt, oy� a tri 4�4� John H.Craig,Assistant Secretary Jolm L.Hannum,Executive Vice President State of California } Ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me 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. -" MARY COBB COMM #1321341 U NOTARY PUKIC-CALIFORNIAN t H m SAN DIEGO.COWM = *a r MyCornmtssron Expures SEPTEMBER 20;::9005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsinLile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my band this 26th day of October 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-977-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. CA`IFORNIA ALL-PURPOSE ACKNOWLEDGMENT `h a State of California S fi. cs County of San Diego < On October 26, 2004 before me, Nancy I. Trusso, Notary Public Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") '^ personally appeared Sioux Munyon Name(s)of Signer(s) �5J 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 �S same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), <- - NANCY I.TRUSSO I or the entity upon behalf of which the person(s) acted, S > ' COMM.#1327166 executed the instrument. LU ,� s NOTARY PUBLIC-CALIFORNIA o SAN DIEGO�5 2 Y WITNESS my hand and official seal. C� -All My Comm.Exp..OV.Oct.3B,2005 I haw, ?� 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. %�• h` Description of ,attached Document - f, r Title or Type of Document: Bond f. Document Date: Number of Pages: _ �? Signer(s) Other Than Named Above: 2r Capacity(ies) Claimed by Signer(s) r Signer's Name: Sioux Munyon Signer's Name: h `cs ❑ Individual ❑ Individual ?� << ❑ Corporate Officer ❑ Corporate Officer S Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 5 G Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee �S ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other:, Top of thumb here c Signer Is Representing: Signer Is Representing: T� c Insurance Company of the <h! West ' 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827