Loading...
HomeMy WebLinkAboutT-5284 - Agreement/Covenant - 8/2/2005 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 01 106 12005,20050149300 NO FEE - Government Code 6103 L�] W City of - O v ,+■ i�►� C:) PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10694 SUBDIVISION AGREEMENT INCLUDING "ADDENDUM TO SUBDIVISION AGREEMENT" FOR RIGHTS-OF-WAY ACQUISITION FOR TRACT NO. 5284, PHASE 1 OF VESTING TENTATIVE MAP NO. 5284/UGM Subdivision Agreement w/ROW Addendum Tract No. 5284 Page 2 THIS AGREEMENT is made this day of V v-k- 200-5, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and KB Home South Bay Inc., a California Corporation, 6700 Knoll Center Parkway Suite 200, Pleasanton, CA 94566, 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. 5284, Phase 1 of Vesting Tentative Map No. 5284(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. 5284/UGM dated June 2, 2004 issued by the City and any amendments thereto (hereinafter referred to as Subdivision Agreement WROW Addendum Tract No. 5284 Page 3 "Conditions of Approval" and incorporated into this agreement by this reference), hereinafter set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to,construct the improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have.subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument. AGREEMENT In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said tentative map, it is mutually agreed and understood by and between the Subdivider and the City,and the Subdivider and the City do hereby mutually agree as follows: 1. The Subdivision is subject to the following: a. The work and improvements shall be performed hereinafter specified on or before one (1) year of the date of this agreement, except as noted below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before two(2)years of the date of this agreement. C. The Street Trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the Public Works Department - Construction Management Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the City Engineer. The responsibility to provide and plant, or to inspect the required Street Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT "B," attached hereto and made a part of this Agreement. d. The Issuance of building permits for any structure within the subdivision Subdivision Agreement WROW Addendum Tract No. 5284 Page 4 shall conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdivider's attention is particularly called to Part III, Article 9 of UFC relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met. No occupancy permit shall be issued until all Fire Department requirements for occupancy have been met. The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in the subdivision. e. No certificates of occupancy will be issued nor any human occupancy allowed for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. f. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider,the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension.with.the Director of Public Works prior to.the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements (including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider,written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the 2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as "Public Works Standards") at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows. a. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Subdivision Agreement w/ROW Addendum Tract No. 5284 Page 5 Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of.Chapter 9,Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "dead-end" streets created by this subdivision shall be barricaded in accordance with Public Works Standards within seven (7)days from the time said streets are surfaced, or as directed by the City Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with Public Works Standards within seven (7)days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal. Code. The amounts identified as "Wet-Tie Charges" are estimates only and serve as.a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. Subdivision Agreement WROW Addendum Tract No. 5284 Page 6 is 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 improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect,certified irrigation designeror other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director, except that for improvements to be maintained by the City's Community Facilities District No. 2 (CFD-2), such improvement plans shall be approved by the City Engineer. The Subdivider has elected to satisfy Subdivider's maintenance obligation of such improvements by annexing the Subdivision into CFD-2 and shall maintain , such improvements until such time as the City Engineer determines that CFD-2 is responsible for such maintenance thereafter. Additionally 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 and the Statement of Covenants Affecting Land Development for the Maintenance of Landscaping and Irrigation System forTract No. 5284 Phase 1 of Vesting Tentative Map No. 5284 recorded as Document No.; 07/06/2005120050149302 ' on , Fresno. County Records and incorporated into this agreement by this reference: . j., Perform and construct all work shown on the following construction plans and any amendments thereto i. City Drawing Nos: 15-C-12416through 15-C-12428(street plans); 4-C-810 (street light plans): 10-C-8730 through 10-C-8737 (water and sewer plans); and H. Fresno Metropolitan Flood Control District Drawing Nos:CI-6-1 through CI-6-5. Install and complete all other street improvements required .by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. k. Prior to approval of the Final Map by the City,the Subdivider shall pay to the City and /or execute a covenant to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions,the total fees and charges due as a condition of Final Map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit "B." I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City has made its best faith efforts at predicting the amounts to be credited as reimbursements Subdivision Agreement WROW Addendum Tract No. 5284 Page 7 for improvements that will benefit other properties. Because the subject improvements have not been.completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements. ' M. ADDENDUM TO SUBDIVISION AGREEMENT. Subdivider has attempted but is unable to acquire and dedicate to the City all easements required for street purposes related to this agreement prior to final map approval. Pursuant to Section 12-1011(b)(6) of the Fresno Municipal Code, Subdivider requests that City acquire the necessary easement or dedication through negotiation or the lawful exercise of the City's power of Eminent Domain. Subdivider agrees to observe all the terms and conditions of the Addendum to Subdivision Agreement (Right-of-Way Acquisition) ("Addendum") attached to this Agreement and incorporated herein by this reference. Subdivider shall deposit with the City the sums in a form required by the Public Works Director pursuant to the Addendum. Such sums shall be security to pay the City the initial cost to acquire the necessary easement, but not limited to: just compensation and damages for the interests acquired, City legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal fees, court costs and the related expenditures mentioned in the Addendum to acquire the easement through the lawful exercise of the City's power of Eminent Domain. If deposited funds are less than the actual cost to acquire all necessary right-of-way, the Subdivider shall remit to the City such additional sums as may be required from time to time to prosecute the matter to the conclusion, such further payment to be made within ten (10) days of the mailing to the Subdivider of a notice requesting such additional cost. If deposited sums exceed the actual cost to acquire the subject right-of-way, then at the conclusion of acquisition proceeding City shall refund the difference as soon as the City determines the amount of such excess. 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 Subdivision Agreement w/ROW Addendum Tract No. 5284 Page 8 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 underthe inspection of and to the satisfaction of the City Engineer.. .5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final Cost Estimated to be conditioned upon the faithful performance of this Agreement. i. 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and fl. 5% of the final.Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements.and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the form of a,bond or irrevocable instrument of credit. C. Any and all other improvement security as required by Section 12-1016 of the Fresno Municipal Code. 6. On acceptance of the required work by the City Engineer, a warranty security shall be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for guarantee and warranty of the work for period of one (1)year,following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate Subdivision Agreement MROW Addendum Tract No. 5284 Page 9 of Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether such land be privately or publicly owned. 8. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way 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. Subdivision Agreement w/ROW Addendum Tract No. 5284 Page 10 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 foranywork or labor thereon of any kind, and foramounts due underthe Unemployment Insurance Act of the State of California,with.respect to such work or labor,and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 11. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with Public Works Standards shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested..Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. 'The Subdivider .shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be Subdivision Agreement WROW Addendum Tract No. 5284 Page 11 started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained bythe Subdivideron 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 maybe mailed to the Subdivider.at his address on file with the City Engineer. If, within Subdivision Agreement MROW Addendum Tract No. 5284 Page 12 twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City forthwith,upon.receipt of billing therefor,the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains,gas mains,and their respective service connections,shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of City. The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation KB Home South Bay Inc., a California Corporation. DAVID D. HEALEY, Director Public Works Department V� eBy: �C � ��ld��I,J P. A. Dent, III Senior Vice-President By: Michael T. Kirn, P.E., Assistant Director (Attach Notary Acknowledgment) ATTEST: REBECCA E. KLISCH, CMC City Clerk .j o By: C `r;Deputy -. — - 4 APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy K:\Louisr\FT 52841FM 5284 Subdivision Agreement Final Map with Addendum v11-23-04.wpd rev 12-16-04 JB+AK 11-23-04 ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of i-77LESt d 0 On � Z3 _ 20-o 5� before me, (DAT ) (NOTARY) personally appeared SIGNER($) ❑ personally known to me - OR - roved 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. B.ANN BERG WITNESS my hand and official seal. Comm.#1467983 rr^^ ® r NOTARY PUBLIC-CALIFORNIA Yl Fresno Couniv -' My Comm.Expires Feb3� 1p0 NOTARY' SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER SV g t TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E r SIGNER a n ARA 5/99 VALLEY-SIERRA, 800-362-3369 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 16, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Michael T. Kirn, Assistant Public Works Director, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s)the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KL(SCH, CMC CITY CLERK s; By DepUty June 16,;2905(3:32pm) EXHIBIT A Subdivision Agreement for Tract 5284 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $132,725 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $131,040 Street Construction Cost Estimate $1,289,517 Final Cost Estimate (for Inspection Fee purposes) $1,553,282 272 Landmarks, Monuments, Lot & Block Corners ($50/ea) $13,600 Sub-Total (for bonding purposes) $1,566,882 Construction Contingency(10%) $156,688 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,723,570 $1,724,000 *All amounts rounded to nearest$1000 B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement) Performance Security (100%of Total Cost Estimate) 95% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $1,638,000 5% of amount shall be in cash or a Certificate of Deposit $86,000 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 $862,000 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans (Sewer.Water, Storm Water) $0 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit 1 $0 C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work) 5% of first $50,000 of the Total Cost Estimate $3,000 3% of next$50,000 $2,000 1% of next$400,000 $4,000 0.5% of amount over$500,000 $6,100 Minimum amount $15,100 EXHIBIT A v4/28/00 Prepared By: Frank Date: 05/18/05 Print Date:05/18/05 11:20:27 AM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5284 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $1,553,282 Final Cost Estimate over$500K $63,977.56 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $14,109.00 Less Inspection Fees paid with Early Street Construction Agreement $49,869.00 Inspection Fee 0.00 $0.00 2. MONUMENT CHECK FEE 116 Lots and Outlots @ $30.00 per Lot 3,480.00 $3,480.00 (Min$200) 3. STREET SIGNS 11 Street Name Sign sets @ $173.00 per set $1 903.00 $1,903.00 0 Warning/Regulatory signs @ $77.00 sign $462.00 $462.00 4. STREET TREES OCity installed(5-gallon)Street Trees @ $129.00 per Tree na na 137 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4,110.00 $4,110.00 OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) S. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& replacement of Stamped Concrete Paving @ $20.00 per SF na nal 6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na nal 7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 115 Lots(anticipated maintenance cost) @ $264.99 per Lot $30,473.85 Incidental expenses: legal fees,Publications,mailings, Lum Sum engineering,assessment district proceedings $3,500.00 Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00 Public Works Total $34 278.85 34,278.85 $275.00 Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) DO 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 na na TOTAL MISCELLANEOUS FEES&CHARGES $44,233.85 $44,233.85 EXHIBrr B v11/01/01 Printed 05/18/05 11:22:03 AM Page 1 of 4 EXHIBIT B Subdivision Agreement for T- 5284 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS& FEES TO BE DEFERRED 27.1700 Gross Acres 25.8098 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 115 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES CI FMFCD Drainage Area 28.2489 Acres per FMFCD @ $6,990 per Acre $197,460.00 Less Estimated Construction Credits $95,100.00 Local Drainage Fee 102,36 .0 $102,360.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: N.Polk Avenue 124,000 SF Frontage:K McKinley avenue 57,800 SF Total Square Feet 181,800 SF 181,800 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $18,180.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge 18,180.00 $1,02718-21- Fee 1027.82 -Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge 25 UGM Reimbursement Area Frontage: N.Polk Avenue 124,000 SF Frontage: W.McKinley avenue 57,800 SF Total Square Feet 181,800 SF 181,800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $9,090.00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 11 S9,090.0011 $5137971 - $8,576.09 (c)Trunk Sewer Charge Cornelia Trunk Sewer Service Area 1151 Units @ $419.00 per Unit 48,185.00 $48,185.00 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Capacity Enhancement Charge Cornelia Trunk Sewer Service Area 1151 Units @ $0.00 per Unit 0.00 $0.00 EXHIBIT B v11101/01 Printed 05/16/05 11:22:03 AM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5284 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2004 0727 Estimate Number 4989 1 Water Job Number Estimated Deposit(FMC 14-111 $18,000.00 $07070 (133) (63) Deposit paid with Early Construction Agreement (bi)Service Connection Charges 106 1"Meters to existing services @ $330.00 each34,980.00 1 $0.00 $34,980.00 3 1-1/2"Meters to existin services @ $455.00 each 1, 65.00 $0.00 $1,365.00 (b2 Landsca a Service Connection Charges 1 2"Services 8 Meters @ $2 020.00 each 2,020.00 $2,020.00 (c)FrontageChar e Frontage: N.Polk Avenue 1 215 LF Frontage:JW.McKinley avenue 553 LF Sub-Total Lineal Feet(full rate) 1,768 LF 1,768 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $11,492.00 Sub-Total Frontage Charge $11,492.00 Less estimated Frontage Charge Credits Frontage Charge11,492.00 $649.72 " $10,842.28 (d)Transmission Grid Main Charge B UGM Reimbursement Area 27.1700 Gross Acres @ $643.00 per Gr Acre $17,470.31 Less Estimated TGM Construction Credits Transmission Grid Main Charge 17,470.31 $987.66 " $16,482:65 (e)Transmission Grid Main Bond Debt Service Charge 27.1700 Gross Acres @ $243.00 per Gr Acre $6 602.31 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $6,602.311 $373.26 " $6,229.05 ( UGM Water Supply Fee 301-S Supply Well Service Area 1151 Living Units(residential) @ $508.00 per Unit $58,420.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee 11 $58,420.0011 $58,420.00 ( Well Head Treatment Fee . 301 Well Head Treatment Service Area 1151 Living Units(residential) @ $221.00 per Unit $25,415.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee 25,415.001 $25,415.001 (h)Recharge Fee 301 Recharge Service Area 115 Living Units(residential) @ $0.00 per Unit Less Estimated Recharge Fee Construction Credits Recharge Fee 0.00 $0.00 EXHIBIT 8 v11/01/01 Printed 05/18/05 2:04:50 PM Page 3 of 4 EXHIBIT B Subdivision Agreement for T- 5284 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (i)1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 115 Living Units(residential) @ $60.00 per Unit $6,900.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee 6,900.00 $360.00 ' $6,540.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 16 Fire Station Service Area 27.1700 Gross Acres @ $1,242.00 per Gr Acre $33745.14 $1,907.72 ' $31,837.42 (b)UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 27.1700 Gross Acres @ $1 783.00 per Gr Acre $48 444.11 $2,738.69 ' $45 705.42 {c UG�R STREET CHARGE E-4 Major Street Zone 25.8098 Adjusted Gross Acres @ $3,531.00 per AG Ac $91,134.40 Less Estimated Major Street Charge Construction Credits $81 837.00 Major Street Charge 9,297.40 1 $525.7-21- F $8,771.68 (d)UGM MAJOR STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 25.8098 Adjusted Gross Acres @ $196.00 per AG Ac $5 058.72 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge5,058.72 1 $286.01 ' $4,772.71 (e)UGM GRADE SEPARATION CHARGE E-4-A Grade Separation Service Area 25.80981 Adjusted Gross Acres @ $0.00 per AG Ac nal ( UGM SEWER FEE Cornelia Trunk Sewer Service Area 25.8098 Adjusted Gross Acres @ $0.00 per AG Ac na 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS (a)TRAFFIC SIGNAL CHARGE 115 Living Units(residential) @ $414.69 per Unit $47,689.35 Less Estimated Traffic Signal Charge Construction Credits $10,000.00 Traffic Signal Charge 37,689.35 $1,966.3--81- 1 1,966.38 ' $35,722.97 Total Impact Fees&Charges $494,714.34 $247,736.89 $228 977.45 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $44,233.85 TOTAL(B) IMPACT FEES&CHARGES $247,736.89 $228,977.45 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $291,970.74 EXHIBIT B v11101101 Printed 05/19/05 10:47:49 AM Page 4 of 4 ADDENDUM TO SUBDIVISION AGREEMENT (RIGHT-OF-WAY ACQUISITION) WHEREAS, this is an addendum ("Addendum")to a subdivision agreement("Agreement") entered into pursuant to the Subdivision Map Act, specifically, Government Code Section 66462, affecting the Final Map of Tract No. 5284, Phase 1 of Vesting Tentative Map No. 5284 ("Final Map"); and, WHEREAS, Vesting Tentative Map No. 5284/UGM, as approved by the City of Fresno ("Tentative Map") is a single family residential subdivision;and, WHEREAS, the City approved the project subject to certain conditions of approval, which conditions required several public improvements in orderto mitigate the impacts of the project upon urban infrastructure and physical environment; and, WHEREAS, in order to approve the Final Map, the Fresno City Council, as the Legislative Body approving final maps under the Map Act, must find the Final Map is in substantial compliance with the Tentative Map; and, WHEREAS, the Agreement pertains to subdivision improvements not completed and accepted at the time of approval of the Final Map; and, WHEREAS, this Addendum pertains specifically to the street improvements beyond the limits of the Final Map required in the Tentative Map conditions, which require the Subdivider to develop the infrastructure of, and dedicate the right-of-ways for, certain public streets that will directly or indirectly serve the project; and, WHEREAS, with respect to such street improvements required to be developed and dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of Final Map filing to permit the improvements to have been completed prior to Final Map filing; and, WHEREAS, the Subdivider has notified the City (through the Public Works Director or Planning and Development Department Director) of the Subdivider's inability to acquire the necessary easements and right-of-ways by negotiation, and has requested City to acquire the necessary easements at Subdivider's expense; and, WHEREAS, the City of Fresno desires to proceed with the acquisition of the necessary easements for the required public right-of-ways, at the expense of the,Subdivider. Addendum to Subdivision Agreement Tract No. 5284 Page 2 NOW THEREFORE IT IS AGREED between Subdivider and City as follows: 1. Subdivider shall be responsible for the entire cost of acquiring the necessary easements, whether the City acquires through negotiation or by use of it's powers of eminent domain, including, but not limited to the fair market value of the easements, legal fees, non-legal staff:time, appraisal fees, any necessary court costs. 2. Subdivider shall initially deposit, upon execution of this agreement, the sums set out in the paragraph below captioned, "Summary of Initial Deposit". Such sums shall be utilized by the City to acquire the necessary easement and right-of-ways. If the initially deposited funds are less than the actual full cost to acquire all necessary right-of-ways,the Subdivider shall remit to the City such additional sums as may be required from time to time to conclude the matters, such further payments to be made within ten(10)days of the mailing to the Subdivider of a notice requesting such additional funds. The notice shall state what costs have been incurred to date, what additional costs are anticipated; and how the City intends to apply these additional deposits. Subdivider's dissatisfaction with the adequacy or sufficiency of the notice for any reason shall not excuse Subdivider from any duty or obligation, including the obligation to deposit additional sums. If deposited sums exceed the actual full cost to acquire the subject right-of-ways,then at the conclusion of acquisition, City shall refund the difference as soon as the City determines the amount of such excess. 3. Subdivider shall have the option of providing appraisal and title reports from qualified and reputable appraisers and title companies, subject to approval of the City Attorney, in lieu of deposit of appraisal and title report fees. ® 4. Subdivider acknowledges that the initial cash deposits are estimates only and may increase if it is necessary to acquire the necessary easement through Eminent domain. Subdivider agrees to pay all proper and necessary charges incurred or paid by City in pursuing the condemnation proceedings to a settlement or final judgement. City incurs no liability for its failure to accurately or properly estimate the actual costs incurred in the condemnation action. 5. If Subdivider fails to pay the sums stated in the notice to deposit by the date prescribed, the City shall have the following remedies in addition to any other remedies available to it under law or in equity: a. Subdivider shall .have waived and in such event. does hereby waive all his development entitlements to build the subject project, and City may summarily revoke any and all permits issued to.build such project. b. City may, .in its sole discretion, elect to terminate any acquisition proceedings commenced pursuant to this agreement. If City so elects, Subdivider shall indemnify and hold City harmless from any and all costs, fees, damages and expenses incurred as a result of the proceedings and the termination and abandonment thereof. C. In the alternative, City may, in its sole discretion, allow the project to proceed and treat all costs incurred pursuant to this agreement as a debt due and owing to the City. , In this event, the sums so demanded in the notice to deposit shall be presumed to be proper, necessary and correct for continued proceedings to acquire the easements. Upon the failure of Subdivider to make timely and full deposit, as required by the notice, City shall collect interest on the amount demanded, to the Addendum to Subdivision Agreement Tract No. 5284 Page 3 extent the amounts reflect cost actually incurred, and upon any amounts thereafter incurred, at the rate of ten (10)percent per annum until paid. In any action brought by the City as the result of Subdivider's failure to timely and fully deposit the amounts demanded, City may recover its reasonable attorney's fees and litigation costs. 6. It is anticipated that it may be necessary for City to exercise its powers of eminent domain in order to acquire.the necessary public right-of-way easements. Any determination to proceed with eminent domain will be made by the City Council of the City of Fresno, upon necessary findings. 7. In the event eminent domain proceedings are commenced, prior to the date of any settlement conference set by the superior court in the eminent domain proceedings, Subdivider shall be given notice and an opportunity to participate in any decision to settle the acquisition proceedings if the proposed compensation exceeds the opinion of value established by the City's appraisal or the property owner's appraisal. However, such participation shall be limited to advising City staff where the giving of such advice does not interfere with,.restrict, delay or impede the City Attorney in the prosecution or compromise of the condemnation proceedings,as she deems necessary and appropriate in the exercise of her sole professional judgement and discretion. 8. Subdivider agrees that, if for any reason the City determines it necessary to assign the City's rights and responsibilities under this task to the County in order for the offsite road conditions to be implemented, the City may do so with written notice to Subdivider. Upon such assignment, all references to statutorily required actions on the part of the City in connection with eminent domain proceedings shall be construed to mean those same actions or legal equivalents on the part of the County. The Subdivider's responsibilities remain unchanged. 9. Compliance with the terms and conditions of this agreement is a condition of approval of any and all UGM subdivision map projects which are the subject of the principal agreement to which this ancillary agreement is a part. 10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City Council finds the Final Map in substantial compliance with the Tentative Map and approves the same. 11. Subdivider acknowledges that, by execution of the Agreement, including this Addendum and the City's acceptance of the Final Map, Government Code Section 66462.5 is inapplicable to this subdivision. 12. Subdivider acknowledges that the Tentative Map approval was expressly conditioned upon the street improvement and right-of-ways being.provided as project mitigation. Nothing herein shall constitute as a waiver by the City of its police power or of its authority to protect the public against adverse development project impacts. Nothing herein modifies the Tentative Map conditions imposing offsite road improvements, or of any other Tentative Map condition, except as expressly provided for in the Agreement or in this Addendum. Subdivider will not seek to invalidate any claim or defense made by or on behalf of the City in pursuance of procurement of the street and right-of-ways on any grounds including, but not limited to, the fact that all or a portion of the street right of ways traverse through unincorporated territory within the jurisdiction of the County of Fresno. Subdivider agrees to act in good faith in implementing the road condition and to actively assist City in seeking to obtain the County Approvals. Addendum to Subdivision Agreement Tract No. 5284 Page 4 13. City shall have a lien upon any and all performance, payment and other bonds or deposits posted by or for Subdivider in conjunction with the development as security for the payment of any costs, charges or fees called for by this Agreement. 14. Upon recordation of the Subdivision Agreement to which this Addendum is incorporated by reference, City shall have a lien upon the lands more particularly described in the Subdivision Agreement as security for the payment of any costs, charges or fees called for by this Agreement. 15. At the conclusion of the acquisition of the necessary easements, City shall provide to Subdivider a final statement of the expenditures of the City relating to the subject acquisition. Failure of the City to provide any accounting required by this agreement, however, shall not excuse Subdivider's duty to perform any act, particularly the duty to make full and timely deposits in accordance with any demands and notices by the City. Upon rendering of the final accounting referenced herein, Subdivider may question or challenge any use of funds set forth in such accounting and may appeal same to the City Council. 16. Any amounts deposited by Subdivider shall be maintained by City in an interest-bearing account of the City's choice, and may be co-mingled with other City funds in such account. Interest accruing upon any such deposit shall inure to an be created for the benefit of Subdivider, less the City's reasonable or actual costs of administering the account and less any other charges which may be required or authorized by law. The parties agree that five (5)per cent of the amount(s)deposited is.the reasonable cost of administering the account. 17. Time is of the essence to this agreement since the City may suffer certain consequences in the event of Subdivider's breach, such as inverse condemnation liability, abandonment (by operation of.law) of the condemnation action, and award to the property owner of her litigation.expenses and reasonable:attorney's fees and sanctions imposed by the Permit Streamlining Act (Government Code Section 65920, et seq.). 18. No partial invalidity of this agreement shall invalidate the remainder. 19. Summary of Initial Deposit. Easement Acquisition for North Polk &West McKinley Avenues AMOUNT TO BE DEPOSITED ITEM $22,000 Appraised value of property $ 3,500 Escrow& Title Fees $ 12,000 Real Estate Staff time $ 15,000 Attorney Staff time $ 15,750 Contingency(10% +_) $68,250 SUB-TOTAL $ 68,300 TOTAL (rounded to nearest$100) t Bond Number08724299 Prerniurnc $12,285.00 FAITH FUL'PERFORMMCE BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, end KB, HOME South Bay Inc. (herein designated as "principal'') have entered Into an agreement whereby principal agrees to install and complete cerjain designated public improvements, which said • apreement, dated 8D and identified as project Tract 5284 - Oakville Grove Is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Fidelity and Deposit Company NOW, THEREFORE, we, the principal and of Maryland , a5 surety, ars held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal Burn of One Million Six Hundred Thirty-Eight Thousand and No/100------ dollars ($ . 1,638,000* ,638,000':00 ) lawful money of the United States, for the payment of which sum well and truly be made,we bind our-selves, our heirs, swccessors,ekeeutors 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, exemnors, 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 mull 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 sgreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and It does hereby waive notice offany 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 h' (Subdivision Agreement) Page 2 In witness whereof. this instrument has been duly executed by the principal and surety above named, on May 6 , 20 05 KB HOME South ay- Inc. j3y; ?IfVL, A- COW Jr Principal Address Of Surety lity a sit Company of Maryland 801 N. Brand Blvd. , Suite 750 �- Glendale, CA 91203 B -Maria Pena, Attorney-in-Fact.. y. Surety Acknowledgment by attorney-in-fact muss be attached. Bond Form.wpd Revised 05/1412001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / ss. County of On Ma,14 G oZO0.5- before me, s • Ral4150r) Date Name and Title of Officer e. n ( g.,"Jane Doe,Notary Public') personally appeared Pty • J)e ,=7 Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to. the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized T.S.itOBINSON capacity(ies), and that by his/her/their _ Commission 1431096 [ signature(s)on the instrument theperson(s), or Notary Public-CaNfomla Monterey County the entity upon behalf of which the persons) Comm.Expires Jul 1 B,2007 acted, executed the instrument. WITNESS my hand �and ^'official seal. u UY� OXI ignature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document / Title or Type of Document: Pei(y,-n 1a.-7 C-- + Y)d O&KVIllf- l-ave Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: lVICIN 9"19!, ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee. ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatswodh,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:,Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 6, 2005 before me, Joyce M. Herrin, Notary Public, personally appeared Maria Pena, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. . JOYCE M.HERRIN = rn COMM,#1323695 Ir NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY N My COMM. Cxplres o�,.a,zoos J yce M. Herrin c EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the.Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,. policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,..,and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint_Resident. Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Factas.the business of the Company may require, or to Authorize any person or persons to execute on behalf of the Company any bonds,undertaking, recognizances,stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of May 2005 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by PAUL C. ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of u 1 y Article VI, Section 2, of the By-Laws of said Companies, which are set forth on the reverse ere p ied to be in full force and effect on the date hereof, does hereby nominate,conssttiria9 ERRIN,both of Los Angeles,California, EACH its true and lawful �i0 t in- t _ e,seal and deliver,for,and on its behalf as surety,and as its act and d (may ° c ``t�fo''n gs,and the execution of such bonds or undertakings in pursuance o vgs 1 b n aid Companies,as fully and amply,to all intents and purposes,as if they I xecu a ged.by the regularly elected officers of the Company at its office in Baltimore,Md., ' o D The said Assistant s ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- so said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL_ AMERICAN CASUALTY AND SURETY COMPANY, this 19th day of May,A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp OEP psf ObA r By: T.E.Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland ss: City of Baltimore On this 19th day of May, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-3265R ZURICH THIS BIPORTANT DISCLOSiTU NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2001 No action is required on your Pte• Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is S waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by,the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. . Disclosure of Federal Share of Insurance Comnanv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid bases in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned ;z premium in the prior year;for 2003,7%of direct earned premium in the prior year;for 2004, 10%of direct earned 'premium.in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an irtsluance,company's losses above its deductible is WK.In the event the United States government participates in losses,the United States government may direct insurance companies to colleet a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in t=orism losses that exceed$100 billion in any one calendar year., Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that Is certified by the Secretary of the Treasury, . In concurrence with Bre Secretary of State and fire Attorney General of the United States: 1. to be an act of terrorism; 2 tb be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted is damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in fie United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign Interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the cpnduct of the United States Government by coercion. But, no act shall be.certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003, Bond Number: 08724299 Premium: Included in the Performance B SUBQIVID'ER'S PAYMENT BOND �J (Subdivision ,Agreement) WHEREAS, the City Cvunci( of the City of Fresno. State of California., and KB HOME South Bay Inc. (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install end complete certain designated public improvements, which said agreement, dated 11 20 and identified as project Tract 5284 — Oakville Grove is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 1$ (commencing with Section 3082) of Part 4 of-Vvislon 3 of the Civil Code of the State of California. NOW,'THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the-City of Fresno and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure In the sum of Eight Hundred Sixty—Two Thousand and No/100--------------------------------------=------------------ dollars ($ 862,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this band, will pay, in addition to the face amount thereof, costa 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 ander Titfe 15 (cornMencing 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 broaaght upon this bond. Should the condition or this bond be fully performed, than 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 mariner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Sub Mders Payment Sand (Subdivision Agreement) Page 2 In witness whereof,this instrument has beers duly executed bythe prin;ipal and surety above named, on May.6 — . 20L5,_. KB HOME out y' Iic. 8y- Principal yPrincipal Address of Surety 801 N. Brand Blvd. , Suite 750 Fidelity and Deposit Company of Maryland Glendale, CA 91203 B By' Maria Pena,". Attorney—in—Fact Surety Acknowledgment by attorney-in-fact must be attached, Bond Form.wpd Revised 05114/2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofy✓��er��y ss. On ZOL95— before me, T s 1266%nsey? Dale Name and Title of Officer e. _� ( g.,"Jane Doe,Notary Public") personally appeared �Q � 4 • Den.& �`� NameO of Signer(s) 'Q"personally known tome ❑ 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 T.S.ROBINSON capacity(ies), and that by his/her/their Commission#1431096 signature(s) on the instrument the person(s), or Notary Public-Californlo the entity upon behalf of which the person(s) Monterey County acted, executed the instrument. My Comm.Expires Jul 18,2007 WITNESS my hand and official seal. - ignature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �) / Title or Type of Document jGLf%�l UIU�1'J J� YI�I�J'!�L - rJD►'K! Jr S2g4f �e 1�U i/ E YD yG 5 Document Date: �� �a-5 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National NotaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nalionalriolary.org Prod.No.5907. Reorder:Call Toll-Free 1-800-876-6827 - r 'CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 6, 2005 before me, Joyce M. Herrin, Notary Public, personally appeared Maria Pena, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _ JOYCE M.HERRIN v7 comm.#1323695 I : NOTARY PUBLIC•CALIFORNIA I ✓ LOS ANGELES COUNTY My Comm.Expires Oct.4,2005 Joyce M. Herrin Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by PAUL C. ROGERS,Vice President, and T.E.SMITH,Assistant Secretary,in pursuance of u 113 y Article Vl, Section 2, of the By-Laws of said Companies,which are set forth on the reverse d ere P led to be in full force and effect on the date hereof,does hereby nominate, constiria P ERRIN,both of Los Angeles,California, EACH its true and lawful {j1��tp -in- t e, seal and deliver, for,and on its behalf as surety,and as its act and d101 �``b�Jon gs,and the execution of such bonds or undertakings in pursuance o b n aid Companies,as fully and amply,to all intents and purposes,as if they P 1 xecu at ged by the regularly elected officers of the Company at its office in Baltimore,Md., i o P The said Assistant s ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- so said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 19th day of May,A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 'gyp 9EPO CAWe By: T E.Smith Assistant Secretary Paul C. Rogers Vice President State of Marylandl SS: City of Baltimore f On this 19th day of May, A.D_ 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-3265R J , ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF FOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your Pte• Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is waived_. This amount is reflected in the total premium for this bond. Disclosure of Avadabii ity of Coverage for Terrorism Losses As required by,the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. _ Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share In insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in flee prior year;for 2003,71%6 of direct earnedpremium in the prior year;for 2004, 10%of direct earned premium.in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an kmVrance company's losses above its deductible is 90%.In the event the United States government participates in '.. losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in Ietrorism losses that exceed$100 billion in any one calendar year., Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney Gieneral of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid grid whose insurance coverage is subject to regulation in$te United States),-or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreignn person or foreign interest as part of an effort to coerce the civilian population of flee United States or to influence the policy or affect the opnduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 ZURICH THIS BIPORTANT DISCLOSURE NOTICE IS PART OF YOiUR.BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002, No action is required on your part Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is S waived`. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by_the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism- Disclosure errorism Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share In insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003,7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium.in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an imirwice,company's losses above its deductible is 900/*_In the event the United States government participates in losses,the United.States government may direct insurance companies to collect a terrorism surcharge from • policyholders. The Act does not currently provide for insurance industry or United States government participation in tierroriism losses that exceed.$100 billion in any one calendar year.. Defmition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with fire Secretary of State and flee Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United Slates,on which United States income tax is paid grid whose insurance coverage is subject to regulation in the United States);-or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign,person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But; no, act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the -act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect),our rights under the bond. Copyright Zurich American Insurance Company 2003," r: 1. BOND NO.: 08724299 PREMIUM: Included in the Performance Bond SUBDIVISION LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That KB HOME South Bay Inc., as Principal and Fidelity and Deposit Company of Maryland, a corporation licensed to transact surety business in the State of California,as Surety, are held and firmly bound unto the City of Fresno, as obligee, in the penal sum of Eight Hundred Sixty-Two Thousand and No/100 Dollars ($862,000.00), for the payment of which sum well and truly to made, we bind ourselves, our heirs, executors, successors and assigns,jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner of a tract of land representing a subdivision entitled Tract 5284 - Oakville Grove,and WHEREAS, the tract on which Principal desires to construct Water, Sewer, Street and Miscellanous Improvements hereinafter referred to as improvements, and petition the obligee to accept the improvements, and WHEREAS, said obligee requires a bond conditioned for the payment of labor and material as herein :y provided. NOW, THEREFORE, if the said Principal shall pay for any materials,provisions,provender or for any work or labor done thereon of any kind, in, on or about the construction of the public improvements or performance of the work to be done in, on or about the above tract then this obligation shall be void; otherwise it shall remain in full force and effect. NO SUIT, action or proceeding to recover on this bond shall be sustained unless the same be commenced within six (6)months from the completion of said structure or work of improvement. IN WITNESS.WHEREOF, said Principal has hereunto set its hands and seals,and said Surety has caused these presents to be executed by its officers thereunto authorized this.6`h day of May, 2005. KB HOME South Bay Inc. By: (:dame&Title) Fidelity and Deposit Company of Maryland B Maria Pena,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1 Y ►cl-,l ,Z , 760:5 before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared —Pow-L A• beytt —^ , Nf Signer s) )"personally known to me I1 proved to me on the basis of satisfactory evidence 16Ato be the person(s) whose name(s) is/are T.S.ROBINSON subscribed to the within instrument and Commission#143TO96 acknowledged to me that he/she/they executed Zamy Notary Public-California the same in his/her/their authorized Monterey County capacity(ies), and that by his/her/their Comm.Expires Jul 18,2007 signature(s) on.the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and/official seal. Si nature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �t.t Title or Type of Document: Lab c, m-a,kx­-a BD� "�`r�C+ 5Za. Document Date: rJ - Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOW T-OGMENT State of California County of Los Angeles On May 6, 2005 before me, Joyce M. Herrin, Notary Public, personally appeared Maria Pena, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JOYCE M.HERRIN = COMM.#1323695 � NOTARY PUBLIC-CALIFORNIA Uj _ LOS ANGELES COUNTY My Comm.Expires Oct.4.2005 ` � ,-� //Joyhe- M. Herrin Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the SMaryland,by PAUL C. ROGERS,Vice President, and T.E. SMITH,Assistant Secretary,in pursuance of u 1% y Article VI, Section 2, of the By-Laws of said Companies,which are set forth on the reverse d ere o ied to be in full force and effect on the date hereof, does hereby nominate,consti ria o ERRIN,both of Los 9Angeles,California, EACH its true and lawful. -in- te,seal and deliver,for,and on its behalf as surety,and as its act and d a y� on gs and the execution of such bonds or undertakings in pursuance o igs 1 b n aid Companies,as fully and amply,to all intents and purposes,as if they 1 xecu a ged by the regularly elected officers of the Company at its office in Baltimore,Md., ' o P The said Assistant s ereby certify that the extract set forth on.the reverse side hereof is a true copy of Article VI, Section 2,of the By- so said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 19th day of May,A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 8LAL 7—rBy: T. E. Smith. Assistant Secretary Paul C Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 19th day of May, A.D. 2003, before ,the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. �Yw+� Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-3265R ZURICH, THIS MORTA.NT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived_. This amount is reflected in the total premium for this bond. Disclosure of Avatabtlity of Coverage for Terrorism Losses As required by.the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism _ Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share In insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid • `::. losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003, 71/o of direct earned premium in the prior year;for 2004, 10%of direct earned pre=um.in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an • " +P Insurance company's losses above its deductible is 90%.In the event the United States government participates in ksses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year., Defmition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human fife,property or inftastructure; 3. to have resulted in damage within.the United States,or outside of the United States In the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States);or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational onlh and do not modify your bond or affect your rights under the bond. Copyright 7 Crich American Insurance Company 2003 Bankof America. �-� Investment CD Receipt BANKING CENTER GCS-CONCORD No. 5693 DATE 05/18/2005 CUSTOMER NAME KB HOME INTEREST RATE 1.74 ANNUAL PERCENTAGE YIELD 1.76% 6 $AMOUNT $70,900.00. FOR BONDING PURPOSES ONLY ACCOUNT TERM 30 DAYS PL GED O CIT OF FRESNO MATURITY DATE 06/17/2005 ACCOUNT# 12332-57464 AU HORIZEDN URE The written information we give you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a depositor withdrawal made during.the grace period. (The grade period begins on the maturity date and is two business days for terns of 29 days or less;five calendar days for terms of 30 days through 89 days;seven calendar days for terms of 90 days or more.) We determine the interest rate.for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties,please see the deposit agreement. A personal time deposit is not transferable. 05-16-2576B 05-2002 NOT NEGOTIABLE Bank of America,N.A. Member FDIC Bank of America.� � Investment CD Receipt BANKING CENTER GCS-CONCORD No. 5693 DATE 05/18/2005 CUSTOMER NAME KB HOME INTEREST RATE 1.74 ANNUAL PERCENTAGE YIELD 1.76% $AMOUNT $15,100.00 FOR BONDING PURPOSES ONLY ACCOUNT TERM 30 DAYS PLED ED TO CITY OF FRESNO MATURITY DATE 06/17/2005 ACCOUNT# 12331-57465 AUTHORIZED GNATURE The written information give you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grade period begins on the maturity date and is two business days for terms of 29 days or less;five calendar days for terms of 30 days through 89 days;seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. . For information about early withdrawal penalties,please see the deposit agreement. A personal time deposit is not transferable. 05-16-2576B 05-2002 NOT NEGOTIABLE Bank of America,N.A. Member FDIC "':�TM15-.CIC V=3 rV1V sr�l n�i17 A GRCER s gLT7E EtOROE;RAN6yBACKGROIJND+PLUS A KN10HT!F-FINGERPRINT,WATERMARKONBACK-HOL`DAY ANGETO VIEW t x - KB k�0 M E_ 70.2322319. KEi FkOM6Sorr, eav Irl Q&n$LO+M:NA : NO 02119555 Chrcap0 V1ros• - ti �6.700,K011 Center Pkiky Smote 200 . Y . - 09 52982 x. Ptea ant6n CMforn6,94566 VENDOR' - -DATE AMOUNT ..,:. _ 1336821 04/,1$/05 $****60 , 500 :00 ykE j S�J'7XT1id&U A)�'D FlVEHUiVDRED.rti1D"00/100:*****.��***,���:*****�********«**.******�*��**** '�- ' IF NOT CASHED N60 DAYS' y ;Of Fresno Yui; 2;.323 ira'riposa'.,Yal - "ORD r :T e nc CA. 937.21 , O GOHI6Ii KNIGHT d FINGElTPRpiT NEC VfORU HG - - is fr.'!':;, -. a.:'.f'..ts 55.x,7'3 •. „_ .- uv:..l,., V021L9SS5u" :'� .07.L.9232261: 09 S29a211' -ABSENCE OF PINK U.S.PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT.PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK 8 WILL DISAPPEAR WHEN BLOWING OR RUBBING Ka ROME s th Bay MC. Stub�r Stub 1 of 1 Date: 05/23105 NO..02121103 INVOICE;NO: DATE DESCRIPTION GROSS- DEDUCTIONS AMOUNT PAID c'. RCR 0520.05 05/20/05 TR 5284, Addnt'l Eminent Domai 7,800.00. 7,800.00 ----------- ----------- ----------- 7,800.00 7,800.00 VENDOR - 1336821 City of Fresno IS'CH_ECKJ VO{16 WITH ?A GREEN b BL4�E'BORDER AND BACKGROUND PLUS A KNIGHT,a FINGERPRINT'WATERMARK ON THE BACK-ROLWAT ANGLE•TO VIEW '. r NO`: 021211.03 i 702327j .15 KB FIOMF Solan�ay�lnc- FIaMOrn-NPi 6200-Koll Center Pkwy Suite 200 _ , I 0952982 ]„ I �easanton Caklfornia 94566 ! 4Y VE aGCR" DATE ,AMOUNT. W:�i,��� X33.6.82.1 05/23/05: ** .* 7.; 800.'.00 " � 'xSEVEh INDC SA,VD EIGHT HUNDRED FIND`00/100 *********"******"*****�"****�**•�*#•****+" y y'/ VOID IF.NOTS, an ED l\Eta lJ YS - 1 T, I f 1 �lty :Ot F-r.E:SI]O: � Ma> posa Mai 1 ORDER - , �. rrFresno Cts 3.721 L -CY kivA)�1J�i� T' A t e M, ug, .rr•,�1 'r_�• W4ATyRE/.REAC NT A k Eo,�•FINGE..__ ... _..._ _. AKN T L FW6ERPPaIT CHECK VP9RUING 11802 1, 21103110,1:07L9232261: 09 S2982ile KB Hi Dt�V inc E. Stub 1 Of 1 - Date: 05120/05 - NO. 02121075 INVOICENO. DATE DESCRIPTION GROSS- DEDUCTIONS AMOUNT PAID RCR 052005 .05/20/05 TRACT 5284 IMPACT FEES/CHARGES 291,970,74 291,970.74 ----------- ----------- ----------- 291,970.74 291,970.74 VENDOR 1.336821 City of Fresno `� f1$t:FiEC1(Y VOID'WI7NbUT A'GHEEN S BLUE BORDER ANO'BACiSGRpUND PLt iii IGHi 3 FINOERPRIN7,WATERMARK ON'THE BACK HOLD AT'ANGLE TO VIEW ME-,-//nnyye1 Hi, , 7r`+E 70-7377177> _ 1 ,NO: 02121075.. S�tF+OME So�rtYtB�a'lroc . VDC KoII Zenter Rkw. SUrte 20Q. W 52982 N � . E183santD6 Calrforllia 9456.& reLe7 ti r +'s Fr JEYC£R GATE AMOUNT 1336822 0.5/20/x5 291 970 :74 1.W �r� - � $ Dfj DRED:NhVETY0NETNOUSA ND NhVE:NUNDRED SEVENTY AND .4/100.**-* **** ***#* ti� 4� � 0 tFCRSHED W DAYS t yOf F'r e s no `t �J�� Iiia 2`323 vAY _Dasa, Ma, 1 ROER�, > .Y s c CA. 9 37� .+ .•Y +iTr7SJ '? A �,���sYSL!` .' ,'• t,OF11EU s GraAYuttEs kUfr:;.. • •} 1r s '> .4 a+�T' - •, - - ,. �CNATU[;E,AREACbttTAINSAKNIGHT,,&-FINGERP,RINI-ONE&, I �. Z T:..�: C!t3000 II"02121,075 '1:07L 9232261: 09 52982Ill ABSENCE OF PINK U.S.PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT.PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK&WILL DISAPPEAR WHEN BLOWING OR RUBBING RB H�thSay Inc E. stub i of 1 Date: 12/09104 NO. 02114042 INU.Q7CE,NQ. 'DATE DESCRIPTION GROSS p€p.UCTIONS: Al4ROUNTPAIp RCR 120704 12/09/04 Impact Fees, 1,49-51 & 55-57 14,694.00 14,694.00 ---------- ----------- ----------- 14,694.00 14,694.00 I ! VENDOR 352823 City of Fresno I +11, f1F FRESNO R # CUSTOM RECEI 'T Op r: ROSALIAM Type: DV Drawer~. I ate; 12/I114'04 01 Receipt no -36 . ��,' Ue.,�r1Qt1,on Quantity Amount . 10041 13637 P.P BUILDING PERMITS1.nn, 2004 13635 BP BUILDING PERMITS L . 12 49 - 1,.00 E4 0 SP BUILDING PERMITS $Crt� �r4r 'rl, 136 .00 34 fBP4'nUI'�DING PERMITSa. t " 'i t �_;.�4; .. c 1. 49,01:, • L'VO4i LsJC'�SL _ BP� PI,I�.�DINPERMITS 7 R. iTS y 1 Of) 'J$2449.00 20041 133E32 :. " ... BP . BUI DING PERMIT S 1.t)U 1,2441 lrD Ka #TOME Its HOME SOUTH BAY I14C 6701)1 KOLL CENTER PKWY, STE 200, F°LEAuANTON, CA 94n6 i lendeer detail CK CHECK{' . 2114042 $14594.00 Tota? ?enderEd $i4594.00 Total aI payment $14694.00 . .. - Trans date: 12/14-104 i 111P., I0:06:55 .. .. . ..,. .• PZ821U01 city or r'resno 3/08/05 Payment Due Selection 09 : 46 : 18 Project nbr/desc 04 00001072 FTM FINAL TRACT NO. 5284 Project type FINAL TRACT MAP Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Bal .Due Fee Description Trans amt e000 - o0 6000 . 00 LD BOND DEPOSIT 6000 . 00 Total 6000 . 00 CITY OF FRESNO CUSTOMER RECEIPT # Oper: TRISHAH Type: DU Drawer: 1 Date: 3/08/05 01 Receipt no: 16376 Description (quantity Amount 2004 1072 PZ PLANNING & ZONING 1.00 $6000.00 KB HOME SOUTH BAY INC 6700 KOLL CENTER PKWY STE 200 PLEASANTON CA 94566 Tender detail CK CHECK 2113129 $6000.00 Total tendered $6000.00 Total payment $6000.00 Trans date: 3/08/05 Time: 9:51:01 j.,-. --, { ,': r r' J �.. .-s r'- r b '- +- - -3 ,4✓' �..H'wl 7�r ) .",y{"G�Ad'm,�` �'�l.. ,.-i"�h'�A;v� ¢ ��a�„Q,N.,. HOME . 2 '9 ` ' KBHOME,Shctth say inc 6700 00 Center PkL'V, SUlte 200 Pleasanfian 'Catifornca 94565 "zs� s-r; c 1 a.' 1\ f�_ 7 'z r •`rr f 3-52 8:2:3 PAY 'SIX 5Tj. Q.U,SAhp,-�hrDtiCU/LG( ���.tNO ` y�d� y n Ad., va f 4 ti rA��tY;:,�f' ` �� , �1�'� '\ JHEh a3 rar pbSa'-a i`^,. aMk],' n s l y-h1, i� r'' a.,a M1l _rf`-- ✓ y= 1 �� 'ti: --+. oaota O_ N �y. ,• •N^.. q� ' C/C^.,�`f, .. '} .r 19�7s , r j'•.• •0•+-`• •Ii 'DIY�rjyar '`��-.: 1J _ �`'.vy r �1 t.. r �..,. :�' ��\ `r} '�yb ��a �`�`s,ti?� `.�;y, ,rr�,'f"''��.r - �l,t' ,� a"C'rr� , � ',.-/ pEs �0✓A. ,W .e fS _ \h,.C ,�:ti_ - .i �4a�r'� y.�'.''-0t'. '�,�` +..'i ; ~ � ' � 4✓ �✓Y�r.�� r'�. 118021L312911' 1:0719232261: 09 52913211 FZ321LJD1 t ofResm �• ��� Paynut 1 SJ c • v • ' • ect nbr/desc R4NTW R � D Lig •- W � �� V-,d 'ZV�rep• 11 A 11 1 WV x.11 11 rBeo�W 9PA -RN �� x.11 11 Tct ed ..11 11 M21L.01 Gty of Resno est i an 14 % Fby ' Me 8J R-of ect nbrIf desc _ �4 172 FfM R NPL TACT ND 5284 R,g ect t Ype 5�l f ees dui, Pr ess Ert er.. - 1 ect at i re anent Anurt t . 00 M�(:]R.Na ill mJ � Trans T . O�S Tot al 2500. 00 T?11S titECK i$VOLR WITHOUT A'GREEAI$t`.BCUE`BORDEF AND Bi4CKGRowto PLUS.A KNIGHT 8 FLNGERPRINTa1iYATE➢tfY11►RiC O.M TiIE$ACI(-MOLD AT ANGLE TO VIEW HOME So tYt� Bay enc 3,� a�. UA NO 0212-104" 04 � r6r pG` naertter:Pii�vy Suste 2C0 c�«a�o ? 09 982 , ie�santon"aCaU!,O ma'94566 VENDO.R DATE - AMCUNT , 1'336'821 05/23` 05 *****2.. 500 .:00 j V #.k#Kkyc•F#**rt.k_ rror�s ,v0 Frv�_:HUNDRE. a, � c, /1o0:. V010 IF 07� HE6 1N 66 DRYS x �Q' ; YityrO Fresna Y1z 1 O� eCA93721 o ' ; DERF sn 4 •t ..SiGHATURE ARBA CO 4 - d.. ER'. CNECX WORDING .. ru:... 11002121104h" 4:07' 1.923226s: 09 S29820 ABSENCE OF PINK U.S.PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK IS FRAUDULENT.PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK&WILL DISAPPEAR WHEN BLOWING OR RUBBING CITY OF FRESNO CUSTOMER RECEIPT Oper•: TRISHAH Type: DV Drawer: 1 Date: 5/25/05 01 Receipt no: 65277 . Descripption L►uantity Amount 2004 1072 PZ PLANNING R ZONING 1.00 $2500.00 i. KB HOME SOUTH DAY INC 6700 KOLL CENTER PKWY STE 200 PLEASANTON CA 94566 Tlpd1�lEC�tai1 2121104 $2500.00 Total tendered $2500.00 Total payment $2500.00 Trails date: 5/25/05 Time: 15:58:06 P2821LJD1, 13tv cf. Fresno 5( Paywt [be Sal.ec t i an 14: Rcj ect nbr/desc : Q4 172 P R NAL TF?U ND 5284 R-g ect type r' u Sal f ees dues press Ent er. 1 ect ent i r e amnt Amit Ell 00N%W Tl �1F Tram . UU .Tat ed 2500. 00 a''T►!S•CECK-IS.V,tSIOT WITHOUT AGA RE 8 GLUE BORDEF2 AIdDis'ACKGRQUND��'US"A K!�JIGi''.T FITEGERPRIF:T'riA'rE MARK.ON 7HE BACK-HOLT AT ANGLE TO'•VIEW, " �/.A' - HgO a IU 2522.71.3 99� tt- No 02121104 G w`il. �BPgI'lQ ��J0L1.�11 $.��I. Dan L`ra r•. v 'IT 3 3.rh�i.}�.S 1't.9�y•p - . _ ' ,� ---CF.L W 7 +,ra;s , 4 �6700::OUGerstes Pk��ry Suite 200 a9: 2iJ82 �P�leasantbn,;Callfor�lia 94.566 i5 'M x` VE,NCcFi DATE AMCUNT. Rol . rt , 133b:821 ..05/.23/_05 $*.** **2; 500 `OQ }�. b,� x4y"" I 1 ! k � *7"k�D 77�O�.SA�tiD Fl. ��l!lFJQ W O 4:hOT C HE011 64 DAYS.' v .�\��-.�. J�. - 1 �.• - y, Of Frena ;f;` r �� S\;,, , f, '3i1+ r G�v� T.NFar J.-'C3 s 'Li �. - �`,( ,� ,h \n . 'S 'r , ��rt a� } _ `/.•� �ifi , r ATUflE s�.L Ffw\err s �: tT . ;•« ,. t�,.z ...s ..''' Y s�a?�Ann XnRAC 1N 1 tF GER CHECKW011D1N(3 r i , uvt...... 1i'02L2LL0L,it! ! 07L9232261: 09 529132�i' ABSENCE OF PINK U.S.PATENT NUMBERS UNDER SIGNATURE INDICATES CHECK 1S FRAUDULENT.PATENT NUMBERS ARE PRINTED WITH HEAT SENSITIVE INK 8 WILL DISAPPEAR WHEN BLOWING OR RUBBING CITY Or FRESNO CUSTOMER RECEIPT Oper: TRISHAH Type: DV Drawer: 1 Date: 5/25/05 01 Receipt no: 65277 Description Quantity Amount 2004 1072 PZ PLANNING, 8 ZONING 1.00 $2500.00 KB HONE SOUTH PAY INC 6700 KOLL CENT R PKWY STE 20�) PLEASANTON CA 94556 , Tgd �iECdd�tail 21211042500.00 Total tendered V2500.00 Total payment $2500.00 Trans date: 5/25/05 Time: 15:59:05 PZ821UO1 City of r'resno 7/16/04 Payment Due Selection 15 : 08 : 26 Project nbr/desc 04 00001072 FTM FINAL TRACT NO. 5284 Project type . . . FINAL TRACT MAP Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Bal Due Fee Description Trans amt 250 - 00 250 . 00 PW SEWER PLAN CHECK DEPOSIT 250 . 00 250 . 00 250 . 00 PW WATER PLAN CHECK DEPOSIT 250 . 00 500 - 00 500 . 00 PW STREET PLAN CHECK DEPOSIT 500 . 00 176 - 00 176 . 00 LANDSCAPE PLAN REVIEW 176 . 00 15925 - 00 15925 . 00 LD TRACT MAP FINAL 15925 . 00 43 - 00 43 . 00 TRACT MAP FIRE PREV FINAL 43 . 00 Total 17144 . 00 K9'OME so "h a'y®��" stub 1 of 1 Date: 07/13/04 NO. 02107627 INVOI.C.El NO.. DATE _ DESCRIPTION;._ GROSS..: DEDUCTIONS.. .... ._AMOUNT.PAID RCR 070904 07/09/04 Final Map Fee Job #034.59 17,144.00 17,144.00 --------- ----------- ----------- 17,144.00 17,144.00 VENDOR 352823 City of Fresno KB HOME'.SOuth Say lnc: �n%oma..NA-0710 1r0: 02107627, cracaQo,u+naa ' 6700 KQIC Center Pkwv, Suite 200 Pay iaft.- G.9h s,Yi LSA(Wk.NA O9r52452 Pleasanton; 94566 a 5 S'J 1}-¢9 Zko© VENDOR ` DATE AMOUNT 352823 07%73/04, $**.**I7; 144 .'00 ' TAY SEVENTEEN THOUSAND ONE HUNDRED FORTY FOUR AND 00/100 - - - - - OID IF ASMEO I 60 DAYS . TO City Of Fresno THE 2323 Mariposa -Mall ORDER Fresno CA_ 93721. OF 00210762 ?II• 1:0719232261: 09 529820 PZ821UO1 city or r'resno 10/29/04 Payment Due Selection 16 : 04 :21 S. Project nbr/desc 04 '00001072 FTM 'FINAL. TRACT NO. 5284 Project type FINAL. TRACT MAP Select fees due, press. -Enter` > ` 1=Select entire amount - Amount Opt to apply Bal. Due Fee Description Trans. amt _ 640 . 00 640 . 00 L1 .SP AGREEMENT-EARLY PERMIT 640 . 00 Total 640 . 00, U H O M E. stye , of , Date 08/1 6/04 N0. 02108925 KB HOME South Bay Inc.' INUOIEE NO,.. DATE DESCRIFDI GRASS .0. -:s AMQUNT:PAID_ 640 RCR 081304 08/13/04.' mckinley II early otrt agrmnt.' 640..00. ' ---.---- - --- _00 . --- 640,00: r 640.00 VENDOR' 352823 City.of . Fresno CITY OF FRESNO 'r CUSTOMER RECEIPT #* Oper: ROSALIAM Type: DV Drar+er: i Date: 10/9/04 01 Receipt.no: . 77881 . Description: Quantity' Ara��unt 2004 .107c PZ PLANNING & ZONINGLOV : $E40.00 KEHOP K8 HONE SOUTH BAY INC 6700 KOLL CENTER WY, K-00 PLEASANTON, CA .94566 Tender detail - CK CHECK 2108925 $640.00 Total tendered $640:00 Total payment.. 640:01 . Trans daty 10/29!04 Tim. 16,05:51 BP820UO3 City of Fresno 12/14/04 Payment Due Selection 10 : 03 :41 Application nbr 04 00013637 Property . . . . . 5394 W PERALTA WAY Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Amount due Str Permit Insp Fee Description _ 330 . 00 330 . 00 *WATER METER 2119 . 00 2119 . 00 *SEWER WASTEWATER Tot 2449 . 00