HomeMy WebLinkAboutT-5294 - Agreement/Covenant - 8/31/2006 (2) City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno,California 93721-3616
(559)621-8650
P.W. File No. 10910
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5294
W
Subdivision Agreement
Tract No.5294
Page 2
THIS AGREEMENT is made this 22n4 day of 20 D%,
by and between the City of Fresno,a Municipal Corporation,hereinafter designated and called
the"City,"and BEAZER HOMES HOLDINGS CORP.,a Delaware Corporation,7580 North Ingram
Avenue,Suite 104,Fresno,California 93711,hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as the Final Map of Tract No.5294(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.5294/UGM
dated October 6,2004 issued by the City and any amendments thereto(hereinafter referred to as
"Conditions of Approval"and incorporated into this agreement by this reference),hereinafter set
forth in detail,within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication by the City of Fresno.
Subdivision Agreement
Tract No.5294
Page 3
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 provided and planted by the
Subdivider upon occupancy of each lot. All species of Street Trees to be planted
in the subdivision shall be as approved by the City Engineer. The Subdivider shall
notify the Public Works Department-Construction Management Division of the
planting schedules and to schedule inspections.
d. The Issuance of building permits forany structure within the subdivision shall
conform to the requirements of the prevailing Uniform Fire Code (UFC). The
Subdivider's attention is particularly called to Part III,Article 9 of UFC relating to Fire
Department access and water supply. No building permit shall be issued until all
Fire Department access and fire fighting water supply requirements have been met.
No occupancy permit shall be issued until all Fire Department requirements for
occupancy have been met. The issuance of any occupancy permits by the City for
dwellings located within said subdivision shall not be construed in any manner to
Subdivision Agreement
Tract No.5294
Page 4
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.
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
Subdivision Agreement
Tract No.5294
Page 5
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No.78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground serviced
street light system as approved by the City Engineer prior to final acceptance of the
subdivision. Height,type,spacing,etc.of standards and luminaires shall be in accordance
with Resolution Nos.78-522 and 88-229 or any amendments or modifications which may
be adopted by Council prior to the actual installation of the lights and shall be approved by
the City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All"Dead-End"Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven(7)days from the time said streets
are surfaced,or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this subdivision shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as"Wet-Tie Charges"are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit,the Subdivider shall be refunded the excess.
Subdivision Agreement
Tract No.5294
Page 6
Should the actual construction cost be greater than the deposit,the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install and maintain the fencing/walls, landscaping,
irrigation system and certain miscellaneous improvements in accordance with the approved
improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the
designated easements or areas required in the Conditions of Approval and delineated on
the Final Map.
The improvement plans for such landscaping, irrigation system and miscellaneous
improvements shall be prepared by a licensed Landscape Architect, certified irrigation
designer or other persons with landscaping and irrigation design expertise acceptable to
the Planning and Development Director,except that 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,Tract No.5294
recorded as Document No. on
Fresno County Records and incorporated into this agreement by this reference. (NOTE:
The recording data for this Statement shall be added by the City Clerk)
j. Perform and construct all work shown on the following construction
plans and any amendments thereto:
i. City Drawing Nos:10-C-10096 through 10-C-10105 inclusive(sewer
and water),15-C-12234 through 15-C-12243 inclusive(street),and Drawing
No.4-C-923 inclusive(street lighting),unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: BM-22-1
through BM-22-2 inclusive,unless specifically omitted herein.
Subdivision Agreement
Tract No.5294
Page 7
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City,the Subdivider shall pay to the
City and/or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions,the total fees and charges due as a condition of Final
Map approval. The total fees and charges are more particularly itemized and made a part
of this agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement,the actual cost of
construction is not yet known.Some degree of reasonable estimation is incorporated into
the calculations.Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application,by City,of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto.This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards for any of said
work,it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California,Division of Highways. All of said work and improvements
Subdivision Agreement
Tract No.5294
Page 8
and materials shall be done,performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map,the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100%of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95%of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit;and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50%of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor,materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer,a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A,for
guarantee and warranty of the work for a period of one(1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code,said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider,less any amount required
Subdivision Agreement
Tract No.5294
Page 9
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
Tract No.5294
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
forany work or labor thereon of any kind,and for amounts due under the Unemployment Insurance
Act of the State of California,with respect to such work or labor,and shall file with the City pursuant
to Section 3800 of the Labor Code,a Certificate of Workers'Compensation and shall maintain a
valid policy of Workers'Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with Public
Works Standards shall at all times remain under the control and direction of the City Engineer who
shall determine locations and depths to be tested. Any compaction tests failing to meet the City's
requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two(2)working days in advance of the actual date on which work is to be
Subdivision Agreement
Tract No.5294
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. Wheneverthe Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdividerfails 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 Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph,the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or,if the Subdivider is not an individual,upon any person
who has signed this Agreement on behalf of the Subdivider or,at the election of the City Engineer,
Subdivision Agreement
Tract No.5294
Page 12
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within
twenty-four(24)hours after such personal service of such notice or within forty-eight(48)hours
after the mailing thereof as herein provided,the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City
Engineer may,without further notice of any kind,cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust,by equipment and personnel
of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City
forthwith,upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed,this surfacing shall be replaced with temporary or
permanent surfacing within fourteen(14)calendar days,and the roadway shall be maintained in
a safe and passable condition at all times between the commencement and final completion,and
adequate dust control shall be maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement,and the same shall bind and inure to the
benefit of the parties hereto,their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
20. In the event that the actual cost or Final Cost Estimated is in excess of$1,000,all
of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements,and any maintenance of such improvements,
Subdivision Agreement
Tract No.5294
Page 13
constitutes a"public work"as defined in Chapter 1,Part 7,Division 2 of the California Labor Code
to which Section 1771 thereof applies,and Subdivider shall cause the work to be performed as a
"public work"in accordance with such Chapter of the California Labor Code;and(ii)Subdivider
shall fulfill all its duties,if any,under the Civil Code or any other provision of law pertaining to the
maintenance of bonds to secure payment of contractors, including the payment of wages to
workers performing the work.
Subdivision Agreement
Tract No.5294
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Jo�.1(Zu�2 lY-'AvrIrA BEAZER HOMES HOLDINGS CORP.
,Director a Delaware Corporation
Public Works Department
BY: L4.,,) BY:
Michael T.Kim,P.E., Assistant Director Alan man,Vice President of Operations
ATTEST:
REBECCA E.KLISCH,CMC
City Clerk
By:
Deputy cs lAWb6S
APPROVED AS TO FORM:
(Attach Notary Acknowledgment)
JAMES C.SANCHEZ
City Attorney
By: :;)�'j,. h ) —,-�N'
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Fi-t°.Sn Q }ss.
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Data Name and Tide of O (.g.,`Jane Doe,Noifiry Public')
personally appeared ALO J-19L)Mol yq
Name(s)of Signers)
sonally 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
�+—r— he/she/they executed the same in his/her/their
mrpyo E,tCl10 authorized capacity(ies), and that by his/her/their
Car'.'1- tk1. signature(s)on the instrument the person(s),or the
►o"Rift-Cawonrla entity upon behalf of which the person(s) acted,
Fr" COLNOY .204
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WITNESS my hand nd of'cial seal.
Place Notary Seal Above `
Sgnature of WotarejtC
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 DRculne(rttU �Q nc-� M" /'ra�f
Title or Type of Document: L.L. lSl 6Y1 rP Pp'1-'
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed b fgner(s)�/1
Signer's Name: ( M.IAJ✓YtA.'►1 Signer's Name:
❑ Individual ❑ IndiZFact
jXCorporate Officer—Title(s): ❑ Cor —Title(s
❑ Partner—❑Limited ❑General ❑ Pared eneral
❑ Attorney in Fact Top of thumb here ❑ AttoTop of thumb here
❑ Trustee ❑ Tru❑ Guardian or Conseryator ❑ Guarvator❑ Other: ❑ Oth
Signer 1�`s�Rsepresenting: &-a ¢ Sig r Is Representing:
®2004 National Notary Association•9350 De Soto Ave.,PO.9o.2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Calf Toll-Free 1800-876-8827
EXHIBIT A Subdivision Agreement for Tract 5294
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $277,970
Well Construction Cost Estimate $800,000
Sewer System Construction Cost Estimate $182,720
Street&Storm Drain Construction Cost Estimate $1,446,543
Final Cost Estimate(for Inspection Fee purposes) $2,707,233
206 Landmarks,Monuments,Lot&Block Corners($50/ea) $10,300
Sub-Total(for bonding purposes) $2,717,533
Construction Contingency(10%) $271,753
TOTAL COST ESTIMATE*
(for improvement securities purposes) IL—$2,989,286 $2,989,000
*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 band by duly
authorized corporate sureties or irrevocable letter of
credit $2,840,000
5%of amount shall be in cash or a Certificate of Deposit $149,000
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 $1,494,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water,Storm Water) $0
Street Light Plans $0
Bridge Construction Plans $0
100%of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3%of next$50,000 $2,000
1%of next$400,000 $4,000
0.5%of amount over$500,000 $12,400
Minimum amount $21,400
EXHIBIT A v4/28/00 Prepared By: Frank Date:07/19/06 Print Date:07/19/06 3:15:39 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract 5294
NETAMOUNT AMOUNT
A. MISCELLANEOUS FEES&CHARGES EXTENSION DUE DEFERRED
1. INSPECTION FEE
$2,707,233 Final Cost Estimate over$500K $111,289.55
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $21,417.00
Less Inspection Fees paid with Early Street
Construction Agreement $73,472.00
Inspection Fee 1 ,4 .55 $16,400.55
2.MONUMENT CHECK FEE
83 Lots and Outlots @ $30.00 per Lot
(Min$200)
3.STREET SIGNS
0 Street Name Sign sets @ $173.00 per set na na
0 Waming/Regulatory signs @ $77.00 sign na na
4.STREET TREES
95 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2 850.00 $2,850.00
O Trees by Covenant(Resolution 98-129:2 trees/Lot fronting 50'streels)
S.STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na na
7.LANDSCAPE MAINTENANCE DISTRICT FEES
Lum Sum Loos(anticipated maintenance cost)
Lum Sum Other maintained features
Incidental expenses:legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3,500.00
Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00
Public Works
Total $39453.35 $39453.35
$455.00 Estimated assessment per Lot(information only)
S.IRRIGATION PIPELINE(one-time maintenance fee) O na
OLineal Feet @ $5.00 per LF na
9.URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road I Hemdon Corridor
0.00001 Adjusted Gross Acres @ $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES&CHARGES $61,193.90 $61,193.901
EXHIBrr B v11/01f0l Printed07125106 1:33:40PM Page1of4
EXHIBIT B Subdivision Agreement for Tract 5294
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
20.2523 Gross Acres
19.4086 Adjusted Gross Acres(AG Ac);excludes Area of Arterial 8 Collector Streets
82 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
-------B_M1 FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre
Local Drainage Fee $0.00(B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a Lateral Sewer Charge
0 SF;sub-total Lateral Sewer Charge @ $0.10 per SF
(b Oversize Sewer Charge
undesignated UGM Reimbursement Area
Frontage:IS.Temperance Avenue 66 B00 SF
Total Square Fast ®SF
66 800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3,340.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge $392.74' $2,947.26
Fee Due for Lots under Early Issuance of Building Permits Agreement
(c)TrunkSewer Charge
Fowler Trunk Sewer Service Area
B2 Units @ $344.00 per Unit 0.00 $28 208.00
(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 9-503-1h)
NSewer Ca city Enhancement Charge
Fowler Trunk Sewer Service Area
82 Units @ $0.00 per Unit
( Fowler Trunk Sewer Interim Fee Surety
82 Units @ $1000.00 par Unit
3. WATER CONNECTION CHARGES
(a Time 8 Materisal Ch "Wet-Tie")
20050527 Etimate arges(Number
5078 Water Job Number
Estimated Deposit(FMC 14-111-f) $0.00(B3)
(B3)Deposit paid with Early Construction Agreement
(1,1)Service Connection Charges
68 1"Meters to existing services @ $330.00 each $0.00 $22 440.00
4 1-112"Meters to existing services @ $455.00 each 1 $1,820. $0.00 $1 620.00
EXHIBrr 8 v11101/01 PrinW 07/17106 9 54:05 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for Tract 5294
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b2 Lendsca Service Connection Charges
3 2"Meters to existing services @ $530.00 each $1,590.00
(c Front a Charge
0 LF;sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d 7ransmlaslon Grid Main Charge
E UGM Reimbursement Area
20.2523 Gross Acres @ $643.00 per Gr Acre $13 022.23
Less Estimated TGM Construction Credits $41,734.00
Transmission Grid Main Charge $0.00' Paid w!Credits
(e Transmission Grid Main Bond Debt Service Charge
20.2523 Gross Acres @ $243.00 per Gr Acre $4 921.31
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 4 921.31 $578.68' $4 342.63
( UGM Water Supply Fee
501-5 Supply Well Service Area
82 Living Units(residential) @ $1 738.00 per Unit $142 51fi.00
Less Estimated UGM Water Supply Fee Construction Credits $800 000.00
UGM Water Supply Fee Paid w!Credits
( Well Head Treatment Fee
501 Well Head Treatment Service Area
82 Living Units(residential) @ $79.00 per Unit $6,478.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee 47. $6 478.00
(h Rechar a Fae
501 Recharge Service Area
82 Living Units(residential) @ $56.00 per Unit $4 592.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee
(i 1994 8ontl Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
82 Living Units(residential) @ $93.00 per Unit $7 626.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee 7 .00 $930.00' $6 696.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES 8 CONSTRUCTION CREDITS
(a UG�TATION FEE
15 Fire Station Service Area
20.2523 Gross Acres @ $605.00 per Gr Acre $12 252.64 $1 440.75' $10 811.89
(b)UGM NEIGHBORHOOD PARK FEE
2 Neighborhood Park Service Area
20.2523 Gross Acres @ $2 392.00 per Gr Acre $48 443.50 $5 696.31 2 747.19
EXHIB1r 8 x11101101 ftnt tl 07!171% 9:54:05 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for Tract 5294
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
(cUGR STREET CHARGE
D-1/E-2 Major Street Zone
19.4086 Adjusted Gross Acres @ $371-6 1-0-01 per AG Ac $61 350.58
Less Estimated Major Street Charge Construction Credits $53 337.00
Major Street Charge 8 13.56 $942.24' $7 071.34
(tl UG�R STREET BRIDGE CHARGE
D-1lE-2 Major Street Bridge Zone
19.4086 Adjusted Gross Acres @ $304.00 per AG Ac $5,900.21
Less Estimated Major Street Bridge Charge Construction Credits $400,000.00
Major Street Bridge Charge $0.00' Paid wl Credits
(e UGE SEPARATION CHARGE
Grade Separation Service Area
19.4086 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGf) M TRUNK SEWER FEE
Fowler Trunk Sewer Service Area
19.4086 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a FIRE IMPACT FEE
82 Living Units(residential) @ $539.00 per Unit 1!$4;4,,1 d98S.70�01.
Fire Impact Fee
(b PARK FACILITY IMPACT FEE
82 Living Units(residential) @ $3 398.00 per Unit $276,636.00
Park Facility Impact Fee 278 636.00" $0.00' $0.00
(c POLICE FACILITIES IMPACT FEE
62 Living Units(residential) @ $624.00 per Unit $51,168.00
Police Facilities Impact Fee
(tl TRAFFIC SIGNAL CHARGE
82 Living Units(residential) @ $414.69 per Unit $34 004.58
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $4,146.90' $29,857.68
Total Im act Fees&Char es $567,831.61 $54,995.62 $128,733.99
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A)MISCELLANEOUS FEES&CHARGES $61.193.90
TOTAL(B)IMPACT FEES&CHARGES $54,995.62 $128,733.99
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $116,189.52
EXHIBIT B v11/01101 Printe407I26106 1'.34:29PM Page 4014
Beazer Homes California
/ Fresno Division BANKONF,NA NO. 71003141
ILUNO/\
.JLC 3721 Douglu. PAYAB Boulevard,Suite 100 CHICAGOLCMRO GH FCCNA I
ONA
Beazer Roseville,California 95601 WMRJGTON.DELAWARE`�NK
B 70-2322/719
(916)773-3888
- _- ISSUE
DATE AMOUNT
07/19/06 $***149,000.00
PAY ONE HUNDRED FORTY.NINE THOUSAND AND 00/100**+++++.+++++++++++++
Two signatures Required For Checks Excee ing$10,000.00
C1ttyy of Fresno
T P.CS.Sox 45017
ORDER Fresno CA 93718-5017
. 01
OF - - - _ "' „ AUTHORIZED SIGNATURE
.�- VOID IFNOT CASHED WITHIN 90 DAYS Y AUT!!PRJNEDS[GG NATURE —�—
Ii'71003Lt. 111' 1:0719232261: 6992879 18 11'
DETACH HERE FOR YOUR RECORDS
.Invoice Date Contract# Voucher/Type/Pay Item Account Number
Lot#Address/Remarks Cost Code Description ..Gross .Tax Discount Net
07/18/06 08499669 09790288 OV 000 71005019000.1515.22281149,000.00 149,000.00
9000 Fenn Property /
071806C !! ��-to
Totals for Address Book#-00197913 --------------- ----------- ----------- ---------------
149,000.00 149,000.00
47/19/06 xuNf ER 71003141
r �
Beazer Homes California
/ - Fresno Division EANKGNE,NA NO. 71003137
:
3721 DDU81a5130Uleverd,Suite 100 CHICAGO.ILLINOIS PAYABLE THROUGHFCC NATIONAL BANK ,. " "�
Beazer Roseville,California 95661` wa.mNgTom,DELAWARE 702322819
-Homo.. (916)773-3888
ISSUE
DATE AMOUNT
07/18/06 $****76,736.17
.PAY SEVENTY SIX THOUSAND SEVEN HUNDRED THIRTYSIX AND 17/100
y6o '! TwB signatures Required For Checks Exceeding$10,000.00
City-
of Fresno
i.
T P Box 45017
ORDER Y4-0 0"Of,
Fresno CA 43718 5017 W'
OF. = — a I,n 1 ri, JN, t 8M. A s�oR D$l ATt x r
Iu4 r I I �P� `i�rl r '4nu,4l' mi a rl
a VOID IF NOT CASHED WITHIN i4 p 90 DAYS — �`— n AUTH—R D SIGNATURE �;q.
_ _ �.,i� l' ' "I" " »�
II
11'7100313711' 1:0719232261: 6 9 9 28 7 9 1811'
DETACH HERE FOR YOUR RECORDS
Invoice Date Contract# Voucher/rype/Pay.Item Account Number'
Lot#Address/Remarks ( Cost Code Description Gross TaxDiscount Net
07/18/0608499669 09789418 OV 000 71005019000.1515.22281 76,736.17 76,736.17
9000 Fenn Property Fees&1
071806B �"��Cdr rr
3
Totals for Address Book#-00197913 --------------- ----------- ----------- ---------------
76,736.17 76,736.17
CHECK 07/18/06 £HECK 71003137
1) NUMBER
PZ821U01 City of Fresno 8/02/06
Payment Due Selection 09:26:45
Project nbr/desc 05 00001240 FINAL TRACT MAP NO. 5294
Pro3ect type . . . FINAL TRACT MAP
Select fees due, press Enter.
1=Select entire amount
Amount
yyDescription
0ns amt
1t t146pp00 Ba1460.00 LDeCOVENANT PREPARATION FEE Tra1460 00
Total 1460.00
F3=Exit FS=Select all fees F12=Cancel
PZ821UO1 City of Fresno 8/02/06
Payment Due Selection 09:26:45
Project nbr/desc 05 00001240 FINAL TRACT MAP NO. 5294
Pro3ect type . . . FINAL TRACT MAP
Select fees due, press Enter.
1=Select entire amount
Amount
yy pp
Oamt
pt to, 1460p00 Ba1460.00 LDeCOVENANTtPREPARATION FEE ion Trans PREPARATION
Total 1460.00
Beazer Homes CaLforma
_� prcsno Division ^ "°tis gm 'r1^, NO. rj-0031�m36
✓V' - 721 Douglas Boulevard Su to 1"00^ ', '"y 'M�`L 1rt�"
Bea
i� !I r V , PAYABLETHAOOOH FEGtl'kT[ONALH t
er' =Roseville,Califomia95661 � �� � "`� � -Wt'LtfmfaoWLAY7 nwAP.E ,
A C(r9161T 73-3888 trti "t
�4 uWt+ q w u � :,ESSUE
DATE. AMOUNT
07/18/06 $*****1 460 00
° .� T _
PAY N�,DY.RFOUR HUNDRED SILT
O Y�E NOUS D 00"/IO ' -
4EJ 4 ;Ntuhk YrAtl vann"W'YY far a
TwostgnaturesRequlred �rChecksExceedtngS1000000
s�'bRDE[C OX 4501Allr
e5n0-C 93718=5017
0a
5�x
' v m• cnsD tr 9a stoxALaw k 11111111L
11.7100313611' 1:0719232261: 69928791811'
DETACH HERE FOR YOUR RECORDS
Invoice Date ContractN VI
Lot#AddresslRemarks CITY OF FRESNO
at+WIDER RECEIPPTT Drawer: 1 irons Tax Discount Net
Oper: KATHRYNN Type' DV
07/18/06 08499669 OS bate: 8102/06 01 Receipt no. 0 1,460.00
9000 Fenn Property Description Quantity Amount
PI RNMIN6&1240 ZONING
1 $1460.00
Totals for -- _----_
BEAZER HONES OF CALIFORNIA i0 1,460.00
FRESNO DIVISION
3721 MIUfiLAS BLVD STE 100
MCA 95661
BB8
Tender detail $
CK CHECK 71003136 $1460.00
1460.00
Total tendered $1460.00
Total payment "
Trans date: 8/02106 Time: 9:32:53 a
«.
Bond No.: SU5020898
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas,the City Council of the City of Fresno,State of California,and
Beazer Homes Holdings Corp. ("principal')
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5294 is hereby referred to and made a
part hereof;and
Whereas,under the terms of the agreement,the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of Fresno
("City")to secure the claims to which reference is made in Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code of the State of California.
Now,therefore,the principal and Arch Insurance Company as
corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen,and other persons employed in the performance of the agreement and
referred to in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in
the sum of One Million Four Hundred Ninety Four Thousand Five •• dollars
($ 1,494,500.00), for materials furnished or labor thereon of any kind,or for amounts due
under the Unemployment Insurance Act with respect to this work or labor,that the surety will
pay the same in an amount not exceeding the amount herein above set forth,and also in case
suit is brought upon this bond, will pay, in addition to the face.amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys fees, incurred by City in
successfully enforcing this obligation,to be awarded and fixed by the court,and to be taxed as
costs and to be included in the judgment therein rendered. *.Hundred 6 00/100
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and
all persons,companies,and corporations entitled to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null and
void,otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond,and it does hereby waive notice of any such change,
extension,alteration,or addition.
In witness whereof,this instrument has been duly executed by the principal and surety above
named,on July 20 .20 06
Principal: Beazer Homes�H 1p dings Corp.
By:
(Principal)
Surety: c Insurance Company
By:
( urety)
Peggy Faust, Attorney—In—Fact
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS }
} S.S.
COUNTY OF DUPAGE }
On July 20, 2006 before me,a Notary Public in and for
said County and State, residing therein, duly commissioned and sworn, personally
appeared Peggy Faust, known to me to be Attorney-in-Fact of
Arch Insurance Company the corporation described
in and that executed the within and foregoing instrument, and known to me to be the
person who executed the said instrument on behalf of the said corporation executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the
day and year stated in this certificate above.
------------
ENotaryPublic,
L SEAL"
My Commission Ex ires on November 29,2008 J.KRUSE
State of Illinois
Expires 11149/08
Notary Public—Bo e J.Kru
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its
principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint
Peggy Faust,Bonnie Kruse,Dawn Morgan,Jennifer J.McComb,Melissa Kotovsky,Kelly A.Jacobs,Stephen T.Kazmer,James I.
Moore,Elaine Marcus and Mary Beth Peterson of Westmont,IL(EACH)
its true and lawful Attomey(s)-in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make,execute,seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
"VOTED,That the Chairman of the Board,the President,or any Vice President,or their appointees designated in writing
and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings, obligatory in the nature thereof,and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3,2003,and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
in Testimony Whereof,the Ccm;.any has c u.t+w this ins rLment tobe sgned and its corporate seal to be affixed by thele
authorized officers,this. ft day of_May 20
Arch Insurance Company
Attested and Certified
saoe
mow
Martin J.Nilss tory Edward M.Tihis Vice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J.Callao,a Notary Public,do hereby certify that Edward M.Titus and Martin J.Nilsen personally known to me to
be the same persons whose names are respectively as Yat President and Secretary of.the Arch Insurance Company,a
Corporation organized and existing under the laws of the Stale of Missouri, subscrtbed to the foregoing Indrunwk
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free apkvoluntary ad of sawcorporation and as
their own free and voluntary sets for the R and purposes tharein set forth.
PLiin J.4AlLeO,aa0.
Nab"pa o2CAe"w Nes Va*
01—*W In Naw�n4 P r J. x
Co"""n Exprras May 3.20oa My comm expires 5-03-2005
CERTIFICATION
1,Martin J.Nilsen,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated
on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and Is in full force and effect on the date of this certificate;and I do further certify that the sNd
Edward M.Titus,who executed the Power of Attomey as idiot President was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insunuroe Company...
IN TESTIMONY AIy� EOF I have h . t^s ubsoribed ;nems and
t`ecorpc` s of the Arch Insurance
Company on this 2Qth y day of f"xT~ 20_
Martin J.Nils ,Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manna and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors 3 Developers Group
135 N.Robles Ave.,Ste.525
Pasadena,CA 51101
a�
OOMLO013 00 03 03 slams
Page 2 of 2 Printed In U.S.A.
6
Bond No.: SU5020898
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas,the City Council of the City of Fresno,State of California,and
Beazer Homes Holdings Corp. ("principal'I
will be entering into an agreement whereby principal agrees to install and complete certain
designated public irtlpgrments,which said agreement,identified as Subdivision Agreement
for Parcel Map No. 77 4 ,is hereby referred to and made a part hereof;and
Whereas,principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now,
tttherefore,we,the
�principal
dand Arch Insurance
�t�Co y
Tiios�lillionhELXg HimydrbedpnFortythrnoo City saande�nU hta0 ,in the penal sum of
dollars
($ 2.840.000.00 )lawful money of the United States,for the payment of which
sum well and truly to be made,we bind ourselves,our heirs,successors,executors and
administrators,jointly and severally,firmly by these presents.
The condition of this obligation is such that if the above bounded principal,his or its heirs,
executors,administrators,successors or assigns,shall in all things stand to and abide by,and
well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided,on his or their part,to be
kept and performed at the time and in the manner therein specified,and in all respects
according to their true intent and meaning,and shall indemnify and save harmless City,its
officers,agents and employees,as therein stipulated,then this obligation shall become null
and void;otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor,there shall be included costs and reasonable expenses and fees,including reasonable
attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond,and
it does hereby waive notice of any such change,extension of time,alteration or addition to the
terms of the agreement or to the work or to the specifications.
In witness whereof,this instrument has been duly executed by the principal and surety
above named,on Jtgy 20 ,20 06,
Principal: Beazer Homes Holdings Corp.
(Principal) '
Surety: c [mstirance Company
By:
(Surety) Peggy Faust, Attorney—In—Fact
t
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS }
} S.S.
COUNTY OF DUPAGE }
On July 20, 2006 before me,a Notary Public in and for
said County and State, residing therein, duly commissioned and sworn, personally
appeared Peggy Faust, known to me to be Attorney-in-Fact of
Arch Insurance Company , the corporation described
in and that executed the within and foregoing instrument, and known to me to be the
person who executed the said instrument on behalf of the said corporation executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the
day and year stated in this certificate above.
F
'OFFICIAL SEAL'
My Commission Expires on November 29,2008 BONNIE J.KRUSE
Notary public,State of Illinois
My Commission Expires 71129108
Notary Public— ie J.
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its
principal office in Kansas City,Missouri(hereinafter referred to as the"Company')does hereby appoint
Peggy Faust,Bonnie Kruse,Dawn Morgan,Jennifer J.McComb,Melissa Kotovsky,Kelly A.Jacobs,Stephen T.Kazmer,James I.
Moore,Elaine Marcus and Mary Beth Peterson of Westmont,IL(EACH)
its true and lawful Attomey(s)-in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make,execute,seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board,the President,or any Vice President,or their appointees designated in writing
and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3,2003,and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page t of 2 Printed in U.S.A.
In Testimony Whereof,ft Company has c.u:.e4.this imb"u-tent to be s`gned and its corporate seal to be affixed by their �-
authorized officers,this 9nr day of—may 2005
Arch Insurance Company-
Attested and Certified
ecce .
awrn
UK
�� lkrral
Martin J.Nilser0ecretery Edward M s Ma President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J.Callao,a Notary Public,do hereby certify that Edward M.Titus and Martin J.Nilsen personally known to me to
be the some persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company,a ,
Corporation organized and existing under the laws of the Stale of M'asouri, subscribed to the foregoing linWu neat,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free qKvolunlary act af mid corporation and as
their own free and voluntary ads for the ggd�s and pDurposes therein set forth.
rE11<II J.CALLi0.aft.. .
Nohry Pul ft ataM of Now York
No.02CAe1oe3ae J.
OVINed In Now York County N
Commwbn E)Wrss May 3.200e My comm expires 5-032005'
CERTIFICATION
I,Martin J.Nilsen.Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Atfomey dated
on behalf of the person(s)as listed above is a true and correct copy and that the same has been In full force and~
since the date thereof and is In full force and effect on the date of this certificate;and I do further certify that the said
Edward M.Thus,who executed the Power of Attorney as Vim President,was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY AnJcDhEOF,I have.. . to subscAbed d^y name and of! the corpora s of the Arch Insurance
Company on this day of dui 40 d6
Martin J.NiIVK,Secretary
This Power of Attorney Omits the ads of those named therein to the bonds and undertakings specifically named therein. ,
and they have no authority to bind the Company except In the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors i Developers Group
135 N.Robles Ave.,Ste.526
Pasadena,CA$1101
O
OOML0013 00 03 03
Page 2 of 2 Printed in U.S.A.