HomeMy WebLinkAboutT-5265 - Agreement/Covenant - 3/30/2005 � f
City of XlZ
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10689
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5255
J
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Subdivision Agreement
Tract No. 5265
Page 2
THIS AGREEMENT is made this :2N5 day of mmzc H ,2005,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and Concord Development Co. LLC,a California Limited Liability Company, 1368
West Herndon Avenue,Suite 102,Fresno,California 93711,hereinafter designated and called
the "Subdivider,"without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5265 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No.5265/UGM
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Subdivision Agreement
Tract No. 5265
Page 3
dated March 3, 2004 issued by the City and any amendments thereto(hereinafter referred to as
"Conditions of Approval"and incorporated into this agreement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed
and understood by and between the Subdivider and the City,and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one(1)year of the date of this agreement,except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2)years of the date of
this agreement.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
required Street Tree planting, shall be in accordance with the Street Trees
Subdivision Agreement
Tract No. 5265
Page 4
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 foroccupancy 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
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Subdivision Agreement
Tract No. 5265
Page 5
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 serviced
street light system as approved by the City Engineer prior to final acceptance of the
subdivision. Height,type,spacing,etc,of standards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may
be adopted by Council prior to the actual installation of the lights and shall be approved
by the City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
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.
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Subdivision Agreement
Tract No. 5265
Page 6
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as"Wet-Tie Charges"are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation Plans, Grading Plans), within the Landscape Easement area required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing
to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser, a
Notice of Special Tax in accordance with the provisions of Section 53341.5 of the
California Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director except that improvement plans for landscape easement areas to be
annexed and maintained by CFD-2 shall be as approved by the City Engineer.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: [10-0-8643 through 10-C-8644 with Water Job
No. 4987(2 sheets) inclusive, 15-C-1 1966 through 15-C-11969(4 sheets)
inclusive, Street Lighting Plan Drawing No. 4-0-808 (1 sheet) inclusive],
unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions, the total fees and charges due as a condition of
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Subdivision Agreement
Tract No. 5265
Page 7
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
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
Subdivision Agreement
Tract No. 5265
Page 8
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 forrn 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 forth 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 forth of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one(1) year after final acceptance of the subdivision
improvement
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
Subdivision Agreement
Tract No. 5265
Page 9
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 valid policy of Workers' Compensation Insurance for the duration of the period
Subdivision Agreement
Tract No. 5265
Page 10
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. 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
Subdivision Agreement
Tract No. 5265
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
Subdivision Agreement
Tract No. 5265
Page 12
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days,and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement,and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
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Subdivision Agreement
Tract No. 5265
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
CONCORD DEVELOPMENT CO. LLC
DAVID D. HEALEY, Director a California Limited Liability Company
PUBLIC WORKS DEPARTMENT
• By:
Ali g addam, General Partner
ATTEST: r
By: d A
REBECCA E. KLISCH, CMC Alireza Najjara , eneral Partner
CITY CLERK
ByQ. 1 0
Deputy
1368 West Hemdon Avenue, suite#102
Fresno, CA 93711
APPROVED AS TO FORM:
(Attach Notary Acknowledgment)
HILDA CANTO MONTOY
City Attorney
By: 4z��--'
Deputy
JB+AK 01-11-05
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF FRESNO }
On January 25, 2005 , before me, Teresa Bowland , a Notary Public in and for said State,
personally appeared All Alavl Moghaddam and Allreza Najjaran, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TIXSA BM AND
COMM�ar�aw.#c1295cn�797aa �
F�ESIID COOKY
Ctsnm E*m Mv.2,2005
(This area for official notarial seal)
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
NOTARY2.130T(Rev 3/95)
Tract No. 5265/UGM
P.W. File No. 10689
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on February 10. 2004 , in the office of the Fresno County
Recorder, as Document No. 20040030541 of which the Deed of Trust in, by
and between
Concord Development Co. LLC. a California Limited Liability Company , as Trustor,
First American Title Company , as Trustee and
Housing Capital Company, a Minnesota Partnership , 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. 5265.
DATED: ;z �8 �eS —' 20
TRUSTEE or BENEFICIARY
By:
By:
(veru
(Trustee/Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF FRESNO )
On February 8,2006 before me, Allison L. Moore personally appeared
Geraud Smith
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 official se ALLISON L. MOORE
COMM. #1523741
Signature it ' NO
PUBLIC•CALIFORNIA
�- FRESNO COUNTY
M w Nov,2,2008
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the
documents.
❑ INDMDUAL
❑X CORPORATE OFFICER(S) TITLE(S)Vice-President
F-] PARTNER(S) ❑ LIMITED ❑ GENERAL
F-] ATTORNEY-IN-FACT
F-] TRUSTEE(S)
�] GUARDIAN/CONSERVATOR
�] OTHER
SIGNER IS REPRESENTING:
Housing Capital Corporation
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TIRE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by Fkst Anmican Title Insurance 1/2001
EXHIBIT A Subdivision Agreement for Tract 5265
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $11,436
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $15,408
Street Construction Cost Estimate $101,954
Final Cost Estimate(for Inspection Fee purposes) $128,798
30 Landmarks, Monuments, Lot& Block Corners($50/ea) $1,500
Sub-Total (for bonding purposes) $130,298
Construction Contingency(10%) $13,030
TOTAL COST ESTIMATE*
(for improvement securities purposes) $143,328 $143,000
*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 $136,000
5%of amount shall be in cash or a Certificate of Deposit 1 $7,000
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 $71,500
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 $0
0.5%of amount over$500,000 $0
Minimum amount $5,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 01/11/05 Print Date:01/11/05 9:59:41 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5265
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$128 798 Final Cost Estimate>$10K<$500K $8,696.94
($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 1 $8&96.941 $8,696.94
2. MONUMENT CHECK FEE
U Lots and Outlots @ $30.00 per Lot 70. 0 $270.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets @ $173.00 per set $173.00 $173.00
Warning/Regulatory signs @ $77.00 sign $77.00 $77.00
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree na na
16 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $480.00 $480.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-2260(6
Lum Sum Charge as established by Public Works Director na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
OLots(anticipated maintenance cost) @ $1 295.78 per Lot $11,662.02
Lum Sum Other maintained features $2,183.75
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3,300.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total F 17,450.77 $17,450.77
$1 590.00 Estimated assessment per Lot(information only)
S. IRRIGATION PIPELINE(one-time maintenance fee)
r�Lineal Feet @ $5.00 per LF na na
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES&CHARGES $27,147.71 $27,147.71
EXHIBIT B vt 1/01/01 Printed 02/28/05 12:01:11 PM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 5265
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
[Au
Gross Acres
Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
Units(residential)
Zoning
Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
DE-1 FMFCD Drainage Area
5.5086 Acres per FMFCD @ $5,870 per Acre 32 335.001 $32,335.00
Z. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
37 800 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $3 780.00
Less estimated Lateral Sewer Charge Credits $0.00
Lateral Sewer Charge 3,780.00 $0.00 $3,780.001
(b)Oversize Sewer Charge
43 UGM Reimbursement Area
37,800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1 890.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 1,890.00 $0.00 $1,890,001
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
9 Units @ $496.00 per Unit 4 464.00 $4,464.00
(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 Capachy Enhancement Charge
Herndon Trunk Sewer Service Area
9 Units @ $874.00 per Unit $7,866.00 $7,866.2J0
Copper Avenue Sewer Lift Station Benefit Service Area Charge
0 Units @ $650.00 per Unit na na
( Fowler Trunk Sewer Interim Fee Surety
0 Units @ $1,000.00 per Unit na na
Payable at the rate in effect at time of
issuance of Certificate of Occupancy.The
fee rate currently in effect is$1000 per
Living Unit or Living Unit Equivlent.
EXHIBIT B v11/01/01 Printed 02/28/05 12:01:11 PM Page 2 of 4
f
EXHIBIT B Subdivision Agreement for T- 5265
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time$Material Charges("Wet-Tie")
2004 0719 lEstimateNumber
4987 Water Job Number
Estimated Deposit(FMC 14-111-f) 3,800.00 $3,800.00
(b1)Service Connection Charges
9 1-1/2"Meters to existing services @ $455.00 each 4,095.00 $0.00 $4 095.00
(b2)Landsca a Service Connection Charges
1 2"Meters to existing services @ $530.00 each 530.00 $530.00
(c)Frontage Charge
378 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $2,457.00
Less estimated Frontage Charge Credits
Frontage Charge 2 457.0 so.001 1 $2,457.00
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
5.5000 Gross Acres @ $643.00 per Gr Acre $3,536.50
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge 3 536.50 $0.00 $3 536.50
(e)Transmission Grid Main Bond Debt Service Charge
5.5000 Gross Acres @ $243.00 per Gr Acre $1,336.50
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1,3 6. 0 $0.001 1 $1,336.50
M UGM Water Supply Fee
101s I Supply Well Service Area
9 Living Units(residential) @ $456.00 per Unit $4,104.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 4,104.00 $4,104.00
( Well Head Treatment Fee
101 Well Head Treatment Service Area
9 Living Units(residential) @ $0.00 per Unit $0.00 $0.00
(h Rechar a Fee
101 Recharge Service Area
91 Living Units(residential) @ $0.00 per Unit $0.00 $0.00
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
9 1 Living Units(residential) @ $895.00 per Unit $8,055.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee 8 055.00 $0.00 $8,055-0-01
EXHIBIT B v11/01/01 Printed 02/28/05 12:01:11 PM Page 3 of 4
EXHIBIT B Subdivision Agreement for T- 5265
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
21 Fire Station Service Area
5.5000 Gross Acres @ $370.00 per Gr Acre $2 035.00 $0.00 $2 035.00
(b UGNEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
5.5000 Gross Acres @ $980.00 per Gr Acre $5 390.00 $0.00 $5 390.00
(c)UGM MAJOR STREET CHARGE
F Major Street Zone
5.0230 Adjusted Gross Acres @ $3,625.00 per AG Ac $18,208.38
Less Estimated Major Street Charge Construction Credits
Major Street Charge 18 208.38 $0.00 $18,208.38
(d UGM MAJOR STREET BRIDGE CHARGE
F Major Street Bridge Zone
5.0230 Adjusted Gross Acres @ $72.00 per AG Ac $361.66
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 3 1.66 $0.00 1 $361.66
(e)TRAFFIC SIGNAL CHARGE
9 Living Units(residential) @ $414.69 per Unit $3,732.21
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge 3,7 2.2 $0.00 $3,732.21
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
5.0230 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM TRUNK SEWER FEE
Hemdon Trunk Sewer Service Area
5.0230 Adjusted Gross Acres @ $0.00 per AG Ac na
(h)OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
5.0230 1 Adjusted Gross Acres @ $0.00 per AG Ac na
5. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northeast Fresno Service Area
Residential Living Units @ $85.00 per Unit
Total Impact Fees&Charges $75,641.25 $53,099.00 $54,877.25
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $27,147.71
TOTAL(B) IMPACT FEES&CHARGES $53,099.00 $54,877.25
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $80,246.71
EXHIBIT B v11/01101 Printed 02/28/05 12:01:11 PM Page 4 of 4
r
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: California Bank Trust, 7060 N. Fresno St., Fresno, CA 93711
Certificate/Acct. No: 1340013443
Deposit Amount: $7,000.00 Maturity Date: 02/04/06
Depositor: Name: Concord Development Co., LLC
Address: 1368 W. Herndon Ave., Suite 102, Fresno, CA 93711
Street City/State Zip
Job Address: T5265 2,
Received By: Elizabeth Pehce, Public Works Date: March 1, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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,FN• "y� ,!T ,r,
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•��Y j � ��i Xf tv Z .�� � `j*1.i..��,.�h�:�� ��J��r�,�,;���'va; � k, �. ` J,.�. '{,A' y,i
ComrYjerrits. ,; �; w = .,. �,�,,;, �„,, k'. � ✓�}•,.nw. ' ' ' i : .,�� �; ^r r•. f •v 2�+,. 1?;
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1
Account plumber: 1340013443
Security Amount: $7,000.00
ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: Concord Development Co. , LLC hereinafter
called ASSIGNOR, whose principal place of business is
1368 W. Herndon Ave. , Suite 102, Fresno, CA 93711
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 interest of whatever nature, of assignor, in and to the insured account of
assignor in the California Bank & Trust , evidenced by Certificate of Dep-in the
amount of $ 7,000.00 number 1340013443 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 _ Tract No. 5265___
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 Qb0)j&,td 20D
me & Title of Assignor
Ali Alavi Mo haddam General Partr
RECEIPT FOR NOTICE:.OF''AS:SIGNMENT
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 o � , 20QI:C
California Rank & Trust 7060 N Fresno St Fresno, CA
Bank Name Branch Location City State
By . .
P -Title of Of;ricef
f
i
Assignment Form
Page 2
Tract No. 5265
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 Piihi vic t'7orks DPr,)a3_ nt
of the City of Fresno.
Dated this 1 day of 14arch _' 20 05
By
ut prized Officer or Employee
Jo Elam, Assistant Director
559-621-8650
Telephone Number
For any question concerning this assignment
transaction, please call upon the office of ,
the appropriate officer shown herein. '
PAYMENT OF FUNDS AND RELEASEO.F-.ASSIGNMEN"� ,
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
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31VOIJUM30 AlHVCj C3MIH.L
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:International Fidelity Insurance Co., 1575 Treat Blvd., Ste 208 Walnut Creek, CA 94598
Certificate/Acct. No: 0394939
Deposit Amount: $136,000.00 Maturity Date:
Depositor: Name: Concord Development Co., LLC
Address: 1368 W. Herndon Ave., Suite 102, Fresno, CA 93711
Street City/State Zip
Job Address: T5265
Received By: Elizabeth P-Ae, Public Works Date: March 1, 2005
12
Authorization to Release
Signature Date
Release To: Name:
Address:
Street city/state Zip
f* �s�Yq'
•h =4 , :
Name ,F•' �' .�z; � Y ,� ', ':, s, ' r �
as� { Iwi a ' ';oak •t u? r Y �'' t. �{ •p >
�: %�s4��i_�}([•17 �Q� ;y,. r h�� .,r� �y< +l. n • i• �ay�► :c r�Y^�t 3
�[v.nat,y¢ .• N8fl'1e, .•t�,,� `y4 'F f.�ts � ;� �.. "'i.sr�K�
'T._;� '�C` ;t:� 3 �+4.Y. rr'��� �r� �. .� •;_err �M�•` r' "f`r .�. .�• '4 '�f
Ype Qf,Reiease
aelcrwede recei ��oy�`��, t�e abv�e,re#erenc
f:'l�Av Li yr ��YV J�+,'31•'ib"sTl� y~{yys� �
3A ♦ J�' ,� wZ.``4'�iy(.` 1..fj{4f M•;al` ;'-
_ I��tq�'e,. tit 'f`. 1 C��:"7j�t nv�'�uff. � t-' '• :� ,v i :ESFF• x ,,��II
r
;CE?�1TY@ntS �t a y + ,,�►,,y, r,ti�+ Y �4ti... t ., '_•is i f r.
1.
Bond Number. 0394939
Premium: $2,720.00
FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Concord Development Co., LLC (herein designated
as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated 20 ,
and identified as project
Final Map of Tract No. 5265 , is hereby referred to and
made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and International Fidelity Insurance Company , as surety,
are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of
One Hundred Thirty Six Thousand and 00/1 WIlars ($ 136,000.00 ) 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 February 3 , 20 05
International delity Insur nce Company
BI AAy:
John C. ay, ttorney-I act
By:
Principal
Concord Development Co., LLC
Address of Surety
1575 Treat Blvd., Suite 208
By: _
Walnut Creek, CA 94598
By:
925.256.8760 Telephone
925.256.1080 Fax
Surety Acknowledgment by attomey-in-fact must be attached.
BONDFORM.DOC
Revised 08/04104
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3, 2005 before me, WENDYL. TOBL4S,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared JOHN C. DAY(Name(s)of signer(s)
® personally known to me - OR- ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
COMM.#1331442 ; the entity upon behalf of which the person(s)
c7 NOTARY PUBLIC-CALIFORNIA
~ FRESNO COUNTY ~ acted, executed the instrument.
a My Comm.Expires Nov.22,2005 P -
WITNESS my hand and official seal.
A P7 lit
SIGNATLVE OFNOTARY
k 5' :.i:•� �,� ,` �a, OP. toNAL ' �-... ,Y :i} y �F 4' t+'ti.'�Y_,i -f7"yY•i ,' L
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3, 2005 before me, WEND YL. TOBIAS,A NOTARYPUBLIC(name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared ALI A. MOGIIADDAM(Name(s)of Signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
" COMM.#1331442 ; the entity upon behalf of which the person(s)
a QNOTARY PUBLIC CALIFORNIA acted, executed the instrument.
® P FRESNO COUNTY
'FSR My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
',`T.y„xr�r ,,�4�.C'a y�al,.►` 4��.<�'Flitti!'i 1T'y.t.�:= �.. �OP:�10[VAI�?�.��.� {r�i1(� .t,'�.7�r� � w��P����� ! F...
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT ®7993 NATIONAL NOTARY ASSOC IATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3, 2005 before me, WENDYL. TOBL4S,A NOTARYPUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared ALIREZA NAJJARAN(Name(s)of signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
@,My
WENDY L.TOBIAS the entity upon behalf of which the person(s)
COMM.#13314420NOTARY PUBLIC-CALIFORNIA acted, executed the instrument.
FRESNO COUNTY
Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
0 SI NA RE OF N TAR
1f r
x kk>PTIONAE:Y.
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Tel(973)624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS:->That INTERNATIONAL FIDELITY INSURANCE COMRANY :a corporation organized and existing
taws of the State of New Jersey,and having its principal office in the City of Newark.New Jersey,does hereby constitute mid appoint
WEMY L TOBIAS, STEVEN; P. EDWARDS,: JOHN C. DAY, 3AAUNA.::LUCBR0
Fresno, CA.
its true and lawful attorney(s):m=fact to execute,seal and deliver for.and on its behalf as surety,,anyy and all bonds and undertakings,contracts of indemnity and
other writings obligatory,in the nature thereof,which are or tray be allowed,required or rmitted.by Iaw,statute,rite,regulation,contract or otherwise;and
the execution of such mstrument(s) in.pursuance of these presents, shall be as binding upon the said.,INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, w all intents and,purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorne�yy is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the B -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,.shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, -
(2)To remove,at any time,any such attorney-in-fact and revoke the authority given.
Further;this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982.of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any..such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures.and facsimile seat shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
QE`�TY//`/�. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998.
OSP Ol �y INTERNATIONAL FIDELITY INSURANCE CO
cm c' SEAL '
L 1904 A STATE OF NEW JERSEY
c p County of Essex
1l{ry Vice-Pr ident
On'this'-31st day of August 1998, before me came the individual who executed the�preceding instrument,to me personally known, and, being by me duly
sworn,said.the he is the therein described and authorized officer of the INTERNATIONAL:FIDELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company;that the said the.
Seal and his.signature were duly affixed by;order of the Board of Directors of .
said Company.
IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal
at the City of Newark,New Jersey the day and year fust above written.
0 NOTARY �
PUBLIC
y JEAs� .A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov.21,2005
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do:hereby certify tharI have compared the foregoing copy of the
Power of Attorney and affidavit,and the copy of the Section,of the By-Laws of said Company as set forth in.said Power of Attomey,with the ORIGINALs O.N.M.
IN;THE HOME OFFICE OF SAID COMPANY And that the same are correct transcripts thereof.:and of the whale:of the:said:originals,.acid that the said>Power
` of Attorney has:not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hand this 3rd day of-February, 2005. -
Assistant Secretary
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:lnternational Fidelity Insurance Co., 1575 Treat Blvd., Ste 208 Walnut Creek, CA 94598
Certificate/Acct. No: 0394939
Deposit Amount: $71,500.00 Maturity Date:
Depositor: Name: Concord Development Co., LLC
Address: 1368 W. Herndon Ave., Suite 102, Fresno, CA 93711
Street City/State Zip
Job Address: T5265
Received By: Elizab "nce, Public Works Date: March 1, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Bond Number: 0394939
Premium: Included in Performance Bond
SUBDIVIDER'S PAYMENT .BOND= '`
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Concord Development Co., LLC (hereinafter designated
as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements,which said agreement,dated ,20 ,
and identified as project
Final Map of Tract No. 5265 , is hereby referred to
and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Fresno to secure
the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly
bound unto the City of Fresno and all contractors, subcontractors, laborers, material men and other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedure in the sum of seventy one Thousand Five Hundred and 00 Elam($ 71 500.00 )
for materials furnished or labor thereon of any kind,or for amounts due the Unemployment Insurance
Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding
the amount herein above set forth,and also in case suit is brought upon this bond,will pay, in addition
to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included in the judgement therein rendered.
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.
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 February 3 2005
Internatio aI Fidelity surance Company
By: 1,
JALa ,Attorneyl(-�Fj
By:
Principal
Concord Development Co., LLC
Address of Surety
1575 Treat Blvd.,Suite 208 By.
Walnut Creek, CA 94598
By:_
925.256.8760 Telephone
925.256.1080 Fax
Surety Acknowledgment by attorney-in4act must be attached.
BONDFORM.DOC
Revised 08/04104
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY 3, 2005 before me, WENDYL. TOBIAS,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared JOHN C. DAY(Name(s)of signer(s)
® personally known to me - OR- ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
@,My
COMM.#1331442 ; the entity upon behalf of which the person(s)
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY acted' executed the instrument.
Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
SIGNAT OF NOTARY
•t � L..
b �• i 14 •i t"d�' J'�bka�+j ,"ir ' r .40 Jp NAS` 9I' �si.'. K �3'. "`• ° I= 77�-.' .iiti .
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNL4
County of FRESNO
On FEBR UAR Y 3, 2005 before me, WEND L. TOBL4S,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appearedALIA. MOGHADDAM(Name(s)of Signer(s)
❑personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
.�@MY
COMM.#1331442 �, the entity upon behalf of which the person(s)
NOTARY PUBLIC-CALIFORNIA '—
I-- FRESNO COUNTY acted, executed the instrument.
Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
SIGNAT17RE OF NOTARY
.. �1?4•..,._t,jt u� '1+ !. C- M ORTIONAU �;�.Vii.♦~r 'yi.`�f.'yi . ^i� 11f.'Y k•+ � j�" "' J,.
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIAT10N•8236 Remmet Ave.,P.0.Box 7184•Canoga Park CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNL4
County of FRESNO
On FEBR UARY 3, 2005 before me, BENDY L. TOBL4S,A NOTARY PUBLIC(Name,Title of Officer,eg.,
")ane Doe,Notary Public")
personally appearedALIREZA NAJJARAN(Name(s)of signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
7WENDY L.TOBIAS signature(s) on the instrument the person(s), or
COMM. #1331442 the entity upon behalf of which the person(s)
04 NOTARY PUB
FRESNLIC O COUNTY CALIFORNIA acted executed the instrument.
F a' My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
SIGNAT RE OF NOTARY
t
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Tel(973)624-no0 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR
NEWARK,NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS:< That INTERNATIONAL FIDELITY INSURANCE:COMPANY, a corporation organized and existing
laws of the State of New Jersey,and having its.principat office in the City of Newark:New Jersey,does hereby constitute and appoint
WENDY L. :TOBIAS, S.TEVEN ':P. EDWARDS., JOHN C,. DAY, SHAMA LUCERO
Fresno, CA,
its true and lawful attorney(s)4n-fact to execute,seal and deliver for and on its behalf as surety,an and all bonds and undertakings,contracts of indemnity and
other writings obligatory to the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,re�g�utilation,contract or otherwise,and
the cue exetion of such mstrument(s) in pursuance of these;presents, shall be as binding upon the said IN'I,'ERNAI IPNAL FIDELITY INSURANCE
COMPANY, as fully and imply, to all intents and purposes; as tf the same had been duly executed and acknowledged by its regularly elected'officers at its
principal office.
This Power of Attorne is executed,and may revoked,pursuant to and by authority of Article 3-Section 3,of the B -Laws ado ted by the Board.of
yy yy y pp ;..
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary„shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity arid.other writings obligatory in the nature thereof and,
(2).To remove,at any time,any such attorney-in-fact and revoke the authority given.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt.
Now therefore the signatures of such officers and the seal of the Company tnay be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power o executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
OE,`ITY/�/�. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998.
�r OSP 0.w!' �Z INTERNATIONAL FIDELITY INSURANCE CO
SEAL �
r y
1904 STATE OF NEW JERSEY
County.of Essex
Vice-Pr ident
On this 31st day of August 1998, before the came the individual who executed the .:recedin uisuument, to me rsonally known, and, being by me duly
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL�ELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
MA R Q� IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my.Official Seal,
��P at the City of New, New Jersey the day and year fust above written.
NOTARY
O PUBL:IG .
�k �k
1'
j
.::.A:NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov.21;.2005
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby wertify that I have compared the foregoing copy of the
Power of Attorney and'affidavit,and the copy of the Section:of the By.1aws of said Company a5 set Nrthb said Power of Attorney,with the ORIGINALS ON
IN:THE HOME OFFICE OF:SAID COMPANY an that tie same are correct<transcripts thereof;;,and of tfe wbole of the said originals,and that the saidPower
of Attorney hashot been revoked and is now.in full force and effect
”IN TESTIMONY WHEREOF, I have hereunto set my band.this 3rd day of February, 2005.
•
Assistant Secretary
g DATE(MM/DDj Y)
ACCRDrr 'CERT*tRC TB OIC. F3 ` • `T'Si'w i$ f 10E:_� ' `fes,,,fir`. oz/03/os
PRODUCER
Aon Risk Services Inc. of Central California THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
5260 North Palm Avenue AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
Suite 400 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
Fresno CA 93704 USA COVERAGE AFFORDED BY THE POLICIES BELOW.
PHoNE• 559 449-7200 FAX 559 439-0863 INSURERS AFFORDING COVERAGE
INSURED INSURER A: NIC Insurance Company
Concord Development Company dba: Concord INSURER B:
Construction
1368 W. Herndon #102 INSURER C: L
Fresno CA 937110000 USA
INSURER D: w
L
a:
INSURER E: 'C
MVMGtS,T Certificate isnot inti nded td's i ail: dorsemen co es term conditions'and'scliclusiotls of the policies shown. ,;..1,;: `�:�di Mt�r•jz' v d
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM\DD\YY) DATE(MM\DD\YY) LIMITS Lr
tL
A GENERAL LIABILITY Gs410690 06/20/04 06/20/05 EACHOCCURRENCE 51,000,000
Lr
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anv one fire) S50,000
CLAIMS MADEX❑OCCUR MED EXP(Anv one person) S5,000
PERSONAL&ADV INJURY S1,000,000 Lr
GENERAL AGGREGATE 52,000,000
GEN'L AGGREGATE LMT APPLIES PER:
PRO- PRODUCTS-COMP/OP AGG 511000,000
POLICY 1:1IECT F� LOC Z
deductible 52,500 e
e
AUTOMOBILE LIABILITY COMBINED SINGLE LMT
1:
ANY AUTO (Ea accident)
a
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN EA ACC
AUTO ONLY:
AGG
EXCESS LIABILITY EACH OCCURRENCE
OCCUR F� CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION
C STATU- OTH-
WORKERS COMPENSATION AND TO Y LBvIITS ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT
E.L.DISEASE-POLICY LIMIT
E.L.DISEASE-EA EMPLOYEE
OTHER 4
rt
DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Tract No. 5265
!CERTIFICATE HOLDER i ANCELLATION _
City of Fresno, Public works Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
2600 Frno Street DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Fresno ,
Fresno es 93721-3616 USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE �_�—
Ira
ACORD 25-5(7/97) R __ ■
3
7
BLANKET ADDITIONAL INSUREDS-
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization that the named insured is obligated by virtue of a written contract
or agreement to provide insurance such as is afforded by this policy, provided the Company
is notified in writing within 30 days of the inception of the contract or agreement, or the
inception of this policy, whichever is later.
(If no entry appears above, information required to complete this endorsement will be shown
in the Declarations as applicable to this endorsement.)
A. Section II --Who Is An Insured is amended to include as an insured the
person or organization shown in the Schedule, but only to the extent that the
person or organization shown in the Schedule is held liable for your acts or
omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the
following exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or"property damage"
occurring after:
(1) All workincluding materials; parts or equipment furnished in
connection with such work, on the project (other than service,
maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the site of the covered operations has been
completed; or
(2) That portion of"your work" out of which the injury or damage arises
has been put to its intended use by any person or organization other
than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
C. The words "you" and "your" refer to the Named Insured shown in the
Declarations.
D. "Your work" means work oroperations performed by you or on your behalf; and
materials, parts or equipment furnished in connection with such work or
operations.
ANF 043 (912003)
Bond Number. 0394939
Premium: $2,720.00
IF-FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Concord Development Co., LLC (herein designated
as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated 20 ,
and identified as project
Final Map of Tract No. 5265 , is hereby referred to and
made a part hereof; and,
WHEREAS,said principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
NOW,THEREFORE, we, the principal and International Fidelity Insurance Company_, as surety,
are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of
One Hundred Thirty Six Thousand and 00/1Oki lars ($ 136,000.00 ) 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 February 3 ' 2005
International Fidelity Insurance Company
By:
John C. Day,Attomey-In-Fact
By:
Principal
Concord Development Co.
Address of Surety
1575 Treat Blvd., Suite 208 By:
Walnut Creek,CA 94598
By:
925.256.8760 Telephone
925.256.1080 Fax
Surety Acknowledgment by attorney-in-fact must be attached.
BONDFORM.DOC
Revised 08104/04
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3, 2005 before me, WENDY L. TOBIAS,A NOTARYPUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared JOHN C.DA Y(Name(s)of Signer(s)
® personally known to me - OR- ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
ti COMM. #1331442 �, the entity upon behalf of which the person(s)
c� NO ARY PUBLIC-CALIFORNIA acted executed the instrument.
I' • FRESNO COUNTY
F PNt My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
SI(jNArURYOF NOTARY
AMPt 1�•w.,�, ,r ,,, ,; sict3h" i NAS �s� z °{. >�.
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY 3. 2005 before me, WENDY L. TOBL4S,A NOTARY PUBLIC(name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appeared ALI A. MOGHADDAM(Name(s)of Signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
_ signature(s) on the instrument the person(s), or
1 WENDY L.TOBIAS � the entity upon behalf of which the person(s)
COMM. #1331442
NOTARY PUBLIC-CALIFORNIA acted, executed the instrument.
FRESNO COUNTY
`F My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
d4fy J&e�2
SIGNATURE OF NOTARY
ftl.Sd,
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'-4 rPTAL t
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Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY—IN—FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3, 2005 before me, WENDYL. TOBL4S,A NOTARYPUBLIC(Name,Title of Officer,eg.,
"]ane Doe,Notary Public")
personally appearedALIREZA NAJJARAN(Name(s)ofsigner(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L. TOBIAS signature(s) on the instrument the person(s), or
COMM.#1331442 ; the entity upon behalf of which the person(s)
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY acted, executed the instrument.
F AHS My Comm.Expires Nov.22,2005
WITNESS my hand and official.seal.
1
SILYNA RE OF NOTARY
�
�� ,.
V1r'1,>fo �..b,
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTTrY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Tel(973)624-7200.. OAA:OF ATTOORN
INTERNATI r L L ?EI IT ' L1 A C
HOME,OFFICE;ONE NEWARK CENTER,20TH FLOOR
NEWARK,NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENT'S: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation:orgattized and existing
laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute able appoint
WMMY L. TOBIAS, STEV31N P. BDWARDS JOHN C. DAY, SHA13NA LUCERO
Fresno, CA.
its true and lawful attomep(s)-in-fact to execute,seal and deliver for and on its behalf as surety,,any and all bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof,which are or may be allowed,required Lor Permitted byy law, statute rule,regg��aadon,contract or otherwise and
the execution of such instrument(s) in pursuance of these presents, shall be as bindmg upon tfie said iRRRtVATI(?NAL FIDELITY INSURANCE
COMPANY,as fully and amply, to all intents and purposes,as if the same Had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attorney-in-fact and revoke the authority given.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of-April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any,such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
Y//`/f IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998.
tel► O �l INTERNATIONAL FIDELITY INSURANCE CO
SEAL
1 904, STATE OF NEW JERSEY
County of Essex
T Vice- ident •
f�i �► � a
On this 31st day of August 1998, before me came the individual who executed theppreeeding�instrument, to me personally known,and, being by me duly
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
MAR�G IN TESTIMONY WHEREOF,I have hereunto set my hared affixed my Official Seal,
��Q►• ►� at the City of Newark,New Jersey the day and year first above written.
NOTARY
PUBLIC ti..+
y *IE�S A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov.21,2005
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit,and the copy of the Stedo.n of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY,and that the same are.correct transcripts thereof,and of the whole of the said'originals,and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hared this . '3rd day of February; 2005.
Assistant Secretary
Bond Number. 0394939
Premium: Included in Performance Bond
1ESUBDIVIDER'S PAYMENT:BOND;:.
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Concord Development Co., 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 ,20
and identified as project
Final Map of Tract No.5265 , 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 seventy one Thousand Five Hundred and 00affllars ($ 71 500.00 )
for materials furnished or labor thereon of any kind,or for amounts due the Unemployment Insurance
Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding
the amount herein above set forth,and also in case suit is brought upon this bond,will pay, in addition
to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
Included in the judgement therein rendered.
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.
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 February 3 , 20 05
International Fidelity Insurance Company
By:
John C. Day,A mey-I -Fa t
By:
Principal
Address of Surety Concord Development Co., LLC
1575 Treat Blvd., Suite 208 By
Walnut Creek, CA 94598 ,
925.256.8760 Telephone
925.256.1080 Fax
Surety Acknowledgment by attorney-in-fact must be attached.
SONDFORM.DOC
Revised OSM4104
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNL4
County of FRESNO
On FEBRUARY 3, 2005 before me, WENDY L. TOBL4S,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"]ane Doe,Notary Public")
personally appeared JOHN G DA Y(Name(s)of signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
WENDY L.TOBIAS signature(s) on the instrument the person(s), or
COMM. #1331442 �, the entity upon behalf of which the person(s)
C NOTARY PUBLIC-CALIFORNIA `.
FRESNO COUNTY acted, executed the instrument.
F RNA My C mm.Expires Nov.22,2005
WITNESS my hand and official seal.
SIGNATMtE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 71B4-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On FEBRUARY3. 2005 before me, WENDYL. TOBIAS,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"]ane Doe,Notary Public")
personally appeared ALI A. MOGHADDAM(Name(s)of Signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
ti WL vDY L.TOBIAS signature(s) on the instrument the person(s), or
�., COMM. #1331442
NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person(s)
• FRESNO COUNTY acted, executed the instrument.
F a` My Comm.Expires Nov.22,2005
WITNESS my hand and official seal.
de��- -t&-.eA_,--y
SIGNATUME OF NOTARY
IOWA
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
®ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 71M-Canoga Park,CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNL4
County of FRESNO
On FEBRUARY 3, 2005 before me, WENDY L. TOBL4S,A NOTARY PUBLIC(Name,Title of Officer,eg.,
"Jane Doe,Notary Public")
personally appearedALIREZA NAJJARAN(Name(s)of Signer(s)
❑ personally known to me - OR- ® proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
4`JENDY L.TOBIAS signature(s)on the instrument theperson(s), or
- COMM. #1331442
° ra NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person(s)
I-" • ' FRESNO COUNTY
F�'' My Cornm.Expires Nov.22,2005 acted, executed the instrument.
WITNESS my hand and official seal.
SIG14ATURE OF NOTARY
, : «r
�e 't :ctF7�R1� '{'1 �a:..
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED NUMBER OF PAGES
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
❑ OTHER:
SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE
NAME OF PERSON(S)OR ENTITY(IES)
BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Tel(973)624-7200
POMTR OF ATTORNEY
MRR.NATLtONAL FI DELUY INSURANCE COMPANY
H()1viE OFFICE:ONIB NEWARK CENTER,20TH FL OOR.
t+TEEWARK NEW JERSEY:07102.5207
KNOW ALL M1g1V BY x IiESE PItRNTB: That INTERNATIONAL;FIDELITY INSURANCE COMPANY, a corporationorganized and existing
law
s of the State of New Jersey,and haying its principal office Sin the City of Newark,New Jersey,does hereby constitute and appoint
W=Y L. TOBIAS, STBV= P. NOWARDS, JOHN C. DAY. ,SHAD LUCERO
Fresno, CA.
its true and lawful atmmey(s)-in-fact to execute,seal and deliver for.and on its behalf as surety,an and all bonds and undertakings contracts of indemnity and
other writings obligatory,m the nature thereof,which are or may be allowed,required or permitted b law;statute,rule,relation,cotmact or otherwise and
the execution of such mstrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed,and may be revoked,'pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by,the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attorney-in-fact and revoke the authority given.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April,3982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
suchpower so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in dte future with respect to any
bond or undertaking to which it is attached.
TY/Nf IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
O G signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998.
O 4 SEAL - INTERNATIONAL FIDELITY INSURANCE CO
r $ � STATE OF NEW JERSEY
County of Essex
'�l�l/ ,► k Vice ident
On this 31st day of August 1998, before me came the individual who executed the preceding 'instrument to me personally known and,being by me duly'
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL'FIDELITY INSURANCE COMPANk;that the seal affixed to
said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
OAR IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
�Q►• at the City of Newark,New Jersey the day and year first above written.
O NOTARY y
* PU8k1C * "
J
4EAS� A NOTARY PUBLIC OF NEW JERSEY'
CERFIFICATIQN My Commission Expires Nov.21,2005
I,the undersigned officer of ITHTERNATIONAL FXDE .ITY YIV5111KANC1~COMPANY dahereby certify that have compared the foregoing copy of the
Power of Attorney and affidavit,:and the copy of the Section of the By-Laws of said Company as set forth In said Power of Anomey,wtitr the O 40INALS ON
IN THE HOME OFFICE OF SAID COMPANY,`and that the same a6.correct transcripts thereaf,anti of the wholesof the said originait f d that the said Power
:of Attorney has not been revoked and is now ini full force and effect " =
IN TESTIMONY,WHEREOF,I lave. 11 set my hand this rd day of February,, 2005
S
Assistant ecretary