HomeMy WebLinkAboutT-5295 - Agreement/Covenant - 8/2/2005 (2) City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10746
SUBDIVISION AGREEMENT
FINAL MAPS OF TRACT NO. 5258, Phase 1 of Vesting
Tentative Map No. 5258 and TRACT No. 5295, Phase 1 of
Vesting Tentative Map No. 5295
F
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 2
THIS AGREEMENT is made this . (�,g day of cTUAc 200.5 by and
between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"
and WMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company, 111 South
Johnson, Visalia, California 93291-6115, hereinafter designated and called the "Subdivider,"
without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the. City two (2) final maps of proposed
subdivisions of lands owned by the Subdivider and located within.the corporate limits of the City
known and described as Tract No. 5258 and Tract No. 5295 (hereinafter together 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 Maps Nos. 5258 and
5295 dated May 21, 2004 issued by the City and any amendments thereto(hereinafter referred to
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 3
as "Conditions of Approval" (COA) 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 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 foranystructure 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
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 4
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.
The Issuance of building permits for any structure within the subdivision shall be subject to
the provisions more particularly established in the Statement of Covenants Affecting Land
Development for Temporary Off-Site Street Facilities for Tract No.5258, Phase 1 of Vesting
Tentative Map No. 5258 and Tract No. 5295, Phase 1 of Vesting Tentative Map No_ 5295
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)
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.
r
S
Subdivision Agreement
Tract Nos. 5258 and 5295
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 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.
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.
A temporary off-site turnaround is required to enable the provision of Solid Waste services
to Lots 26 through 33, inclusive of Tract 5258. Such turnaround facility shall be provided
and maintained in accordance with the improvement plans and the Statement of Covenants
Affecting Land Development for a Temporary Off-Site Street Turnaround Facilities for Tract
No. 5258, Phase 1 of Vesting,Tentative Map No. 5258 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.)
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.
r
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 6
The construction and maintenance of such facilities shall also comply with the Statement
of Covenants Affecting Land Development for Temporary Storm Drainage Facilities for
Tract No. 5258, Phase 1 of Vesting Tentative Map No. 5258 and Tract No. 5295, Phase 1
of Vesting Tentative Map No. 5295 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).
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install 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 (COA) and
delineated on the Final Map.
Subdivider pursuant to COA-12a, shall make a reasonable effort to relocate the existing
palm trees along South McMillin Avenue as a landscape feature.
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, Trail, Open
Space, Pedestrian Gates and Entry Treatments for Tract No. 5258, Phase 1 of Vesting
Tentative Map No. 5258 and Tract No. 5295, Phase 1 of Vesting Tentative Map No. 5295
recorded as Document No. on ,
Fresno County Records and incorporated into this agreement by this reference. (NOTE.-
The
NOTE.The recording data for this Statement shall be added by the City Clerk)
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 7
j: Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: .10-C-8777 through 10-C-8795 inclusive (sewer
and water), 15-C-12591 through 15-C-12618 inclusive (street), and Drawing
No. 4-C-821 through 4-C-822 inclusive (street lighting), unless specifically omitted
herein.
H. Fresno Metropolitan Flood Control District Drawing Nos: BG-3-1
through BG-3-7 inclusive, unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the
City and /or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions, the total fees and charges due as a condition of 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 T,"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
Subdivision Agreement
Tract Nos. 5258 and 5295
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 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
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 9
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
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 maybe 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
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 10
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for, or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance
Act of the State of California,with respect to such work or labor,and shall file with the City pursuant
to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a
valid policy of Workers' Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with Public
Works Standards shall at all times remain under the control and direction of the City Engineer who
shall determine locations and depths to be tested. Any compaction tests failing to meet the City's
requirements shall be reordered by the City and paid for by the Subdivider or his agent_ Billing for
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 11
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained 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
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 12
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City
Engineer may, without.further notice of any kind, cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel
of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in
a safe and passable condition at all times between the commencement and final completion, and
adequate dust control.shall be maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
togetherwith water mains,gas.mains;and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and,assigns.
19.. No assignment of this Agreement.or of any. duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
Subdivision Agreement
Tract Nos. 5258 and 5295
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
McMILLIN SUNNYSIDE RANCH, LLC.,
DAVID D. HEALEY, Director a Delaware Limited Liability Company
Public Works Department
By: McMillin Management Services, LP,
r'/ '0- a California Limited Partnership,
By: as Manager
Michael T. Kim, P.E., Assistant Director
By: Corky McMillin Construction Services, Inc.,
as G al Partner
ATTEST:
By:
REBECCA E. KL'ISCH, CMC Joe A. L al, xecutive Vice President
City_clerk-
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My. � Jim . Robinson, Vice P es de t
= __ -v �;aeputy C�l�l dr)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney (Attach Notary Acknowledgment)
By: A-4x- �
Deputy
jb=A 05-12-05
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On June 6, 2005, before me, the undersigned, a notary public for the state, personally
appeared JOSEPH A. LEAL AND JIM W.ROBINSON personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person (s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s), or the entity behalf of which the person(s) acted, executed the instrument27
WITNESS my hand and official seal
J. STURGEON
COMM. 14549"
NOTARY PUBLIC-CALIFOFWIA
TULARE COWM
MY Carom E�Les DWI 24=7
NOTARY SeGNATUQE SEAL
EXHIBIT A Subdivision Agreement for Tracts 5258 & 5295
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $270,126
Well Construction Cost Estimate $800,000
Sewer System Construction Cost Estimate $255,410
Street Construction Cost Estimate $1,940,116
Final Cost Estimate (for Inspection Fee purposes) 11 $3,265,652
408 Landmarks, Monuments, Lot& Block Corners ($50/ea) $20,400
Sub-Total (for bonding purposes) $3,286,052
Construction Contingency(10%) $328,605
TOTAL COST ESTIMATE*
(for improvement securities purposes) $3,614,657 $3,615,000
*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 $3,434,000
5% of amount shall be in cash or a Certificate of Deposit 1 $181,000
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 $1,807,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 $15,600
Minimum amount $24,600
EXHIBIT A x4/28/00 Prepared By: Frank Date: 05/20/05 Print Date:05/20/05 12:13:33 PM Page 1 of 1
f-
'EXHIBIT B Subdivision Agreement for Tracts- 5258 & 5295
NET AMOUNT AMOUNT
A. MISCELLANEOUS FEES&CHARGES EXTENSION DUE DEFERRED
1. INSPECTION FEE
$3,265 652 Final Cost Estimate over$500K $134,184.73
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $40,332.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $93,852,731 $93,852.73
2. MONUMENT CHECK FEE
122 Lots and Outlots @ $30.00 per Lot 3,660.00 $3,660.00
(Min$200)
3.STREET SIGNS
17 Street Name Sign sets @ $173.00 per set $2 941.00 $2,941.001
16 Warning/Regulatory signs @ $77.00 sign $1,232.00 $1,232.00
4. STREET TREES
154 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4 620.00 $4,620.00
OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director $40,013.00 $40 013.00
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
a.Tract 5258
97 Lots(anticipated maintenance cost) @ $1,344.81 per Lot $130,446.57
Lum Sum Other maintained features $1,633.00
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
b.Tract 5295
21 Lots(anticipated maintenance cost) @ $520.81 per Lot $10,937.01
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 $154,126.58 $154126.58
$1 222.00 Estimated assessment per Lot for Tracts 5258 and 5295(information only)
S. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na nal
TOTAL MISCELLANEOUS FEES&CHARGES $300,445.31 $300,445.31
EXHIBIT B v11101/01 Printed 05/20/05 3:56:07 PM Page 1 of 5
`EXHIBIT B Subdivision Agreement for Tracts- 5258 & 5295
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B1. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED FOR TRACT 5258
34.9898 Gross Acres
34.2909 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
97 Units(residential)
R-1 Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BG FMFCD Drainage Area
BH FMFCD Drainage Area
Local Drainage Fee $0.00 $0.00 (B1)
(131)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
non- UGM Reimbursement Area
Frontage:IS.Clovis Avenue 95 134 SF
Total Square Feet 95,134 SF
95 134 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $4 756.70
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge $4 756.70 $0.00 $4,7567-01
(c)Trunk Sewer Charge
Fowlerl Trunk Sewer Service Area
97 Units @ $344.00 per Unit 33 368.00 $33,368.00
(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
Fowler Trunk Sewer Service Area
97 Units @ $0.00 per Unit 11 na
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2004 0906 Estimate Number
50011 Water Job Number
Estimated Deposit(FMC 14-111-f) 11 50:00 1 $1,250.001(83)
(B3) Deposit paid with Early Construction Agreement. Remainder due to set 4"landscape meter.
(b1)Service Connection Charges
91 1"Meters to existing services @ 0,0
$330.00 each $3�0�030_00 $0.00 $330.00
6 1-112"Meters to existingservices @ $455.00 each 2 730.00 $0.00 $2,730.00
(b2)Landscape Service Connection Charges
4 2"Meters to existing services @ $530.00 each 2,120.00 $2,120.00
EXHIBIT B v11101101 Printed 05120105 3:56:08 PM Page 2 of 5
"EXHIBIT B Subdivision Agreement for Tracts- 5258 & 5295
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Char e
Frontage: S.Clovis Avenue 951 LF
Sub-Total Lineal Feet(full rate) 951 LF
951 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $6,181.50
Less estimated Frontage Charge Credits
Frontage Charge 6 181.50 $0.00 $6,181.50
(d)Transmission Grid Main Charge
non-1 UGM Reimbursement Area
34.9898 Gross Acres @ $643.00 per Gr Acre $22 498.44
Less Estimated TGM Construction Credits 1 $37,120.001
Transmission Grid Main Charge 14 21.56 " $0.00 Paid wl Credits
"Remainder applied to Tract 5295.
(e)Transmission Grid Main Bond Debt Service Charge
34.9898 Gross Acres @ $243.00 per Gr Acre $8,502.52
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 8 502.52 $0.00 $8,502.52
( UGM Water Supply Fee
Supply Well Service Area
97 Living Units(residential) @ $0.00 per Unit na
( Well Head Treatment Fee
Well Head Treatment Service Area
97 Living Units(residential) @ $0.00 per Unit na
(h Rechar a Fee
0Recharge Service Area
97 Living Units(residential) @ $0.00 per Unit na
(i)1994 Bond Debt Service Fee
0 1994 Bond Debt Service Fee Service Area
97 Living Units(residential) @ $0.00 per Unit na
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
Not in Urban Growth Management(UGM)service area.
Total Impact Fees&Charges T-5258 $96,538.72 $36,738.00 $52,200.72
EXHIBIT B 01101101 Printed 05120/05 3:56:08 PM Page 3 of 5
'EXHIBIT B Subdivision Agreement for Tracts- 5258 & 5295
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B2. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED FOR TRACT 5295
5.446E Gross Acres
5.1950 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
21 Units(residential)
R-1 Zoning
no Input."ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BG FMFCD Drainage Area
BH FMFCD Drainage Area
Local Drainage Fee 0.00 $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
non-1 UGM Reimbursement Area
Frontage:IS.Clovis Avenue 34,271 SF
Total Square Feet 34,271 SF
34,271 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1,713.55
Less estimated Oversize Credits
Less estimated Overdepth Credits $0.00
Oversize Sewer Charge $1 713.55
(c)Trunk Sewer Charge
Fowlerl Trunk Sewer Service Area
211 Units @ $334.00 per Unit 7 014.00 $7,014.00
(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
Fowleri Trunk Sewer Service Area
211 Units @ $0.00 per Unit nalna
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
F2-0-04-0-90-66]Estimate Number
5001 Water Job Number
(b)Service Connection Charges
20 1"Meters to existing services @ $330.00 each 6 600.00 $0.00 $6,600.00
1
1-1/2".Meters to existing services @ $455.00 each 455.00 $0.00 $455.00
(c)Frontage Charge
Frontage: S.Clovis Avenue 343 LF
Sub-Total Lineal Feet(full rate) 34 LF
343 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $2,229.50
Less estimated Frontage Charge Credits
Frontage Charge 2,229.50 $0.00 * $2,229.50
EXHIBIT B v11101101 Printed 05/20/05 3:56:08 PM. Page 4 of 5
"EEXHIBIT B Subdivision Agreement for Tracts- 5258 & 5295
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(d Transmission Grid Main Charge
non- UGM Reimbursement Area
5.4468 Gross Acres @ $643.00 per Gr Acre $3 502.29
Less Estimated TGM Construction Credits $14 621.56
Transmission Grid Main Charge 0.00 I $0.00 " Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
5.4468 Gross Acres @ $243.00 per Gr Acre $1 323.57
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge1 323.57 $0.00 ` $1,323.57
( UGM Water Supply Fee
Supply Well Service Area
21 Living Units(residential) @ $0.00 per Unit na
( Well Head Treatment Fee
Well Head Treatment Service Area
21 Living Units(residential) @ $0.00 per Unit na
(h Rechar a Fee
0 Recharge Service Area
21 Living Units(residential) @ $0.00 per Unit na
(i)1994 Bond Debt Service Fee
1994 Bond Debt Service Fee Service Area
21 Living Units(residential) @ $0.00 per Unit na
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
Not In Urban Growth Management(UGM)service area.
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS FOR TRACTS 5258&5295
(a)TRAFFIC SIGNAL CHARGE
118 Living Units(residential) @ $414.69 per Unit $48,933.42
Less Estimated Traffic Signal Charge Construction Credits $15,000.00
Traffic Signal Charge 33,933.42 $0.00 ` $33,933.42
Total Impact Fees&Charges T-5295 $53269.04 $7,014.00 $46 255.04
Note: EXTENSION total includes net results of construction credits
SUMMARY TRACTS 5258&5295
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $300,445.31
TOTAL(B1,132) IMPACT FEES&CHARGES $43,752.00 $98,455.76
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $344,197.31
EXHIBIT B 01101/01 Printed 05120105 3:56:08 PM Page 5 of 5
Y
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 28 , 20 04 , in the office of the Fresno County Recorder, as
Document No. 2004- OZ9%tb of which the Deed of Trust in, by and between:
MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company _, as Trustor,
PRLAP, INC.
as Trustee and
BANK: OF AMERICA, NATIONAL ASSOCIATION , Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for the Final Maps of Tract No. 5258, Phase 1 of Vesting
Tentative Map No. 5258 and Tract No. 5295, Phase 1 of Vesting Tentative Map No. 5295.
DATED: 6 - US
BENEFICIARY
BANK OF AMERICA, NATIONAL ASSOCIATION
RoniALp V.MONTPAo, SR. V1 C< PREs1ofti�
By:
c�aRtA n. dir ccs VR. vice PRfS/ArN%
(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
Acknowledgment
STATE OF CALIFORNIA }
} ss .
COUNTY OF SAN DIEGO }
On June 8, 2005 before me, Peggy J. French, Notary
Public, personally appeared RONALD V. MONTORO and
CARLA A. WELLS, personally known to me or proved to me on
the basis of satisfactory evidence to be the persons whose
name are subscribed to the within instrument and
acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument .
WITNESS my hand and official seal .
Peggy J. French
Notary Public in and for said PEGGYJ FR•NCH
County and State - Commfton# i38966p
My Commission Expires :January 8, 2007 Notary Public - Colifomia
Commission #1389660 M Comm son8,20p7
Clay of
T RA N IS M I TTA L
r1C .��'i�►� BUILDING AND SAFETY SERVICES DIVISION
LAND DIVISION AND ENGINEERING SECTIO_ N
Planning and
Development
Department
DATE: June 10, 2005
Nick P. Yo►nno TO: Kerry Trost
Director Dept. of Administrative Services
FROM: Jonathan Bartel, Planning & Development
SUBJECT: REQUEST FOR BOND APPROVAL
Please review the Surety issuing the following Bonds for Tract Map No. 5258 and
Y Tract No. 5295.
Performance Bond in the amount of: $ 3,434,000.00
Subdivider Payment Bond in the amount of: $1,807,500.00
Please review the attached Bond(s), and notify JONATHAN BARTEL at 621-8076:
By: June 17, 2005 { if possible)
Thank You,
Jonathan Bartel
Senior Engineering Technician
Plapnmt Division &
Bui ing:.and 'Safety .; cz� Z,):;,
Services Division - sn;
..r
2soo 1=resno'Street RISK MA EMENT DIVISION -- --;
Third Floor proved:
Fresno, CA 93721-3604 A proved w/Changes: _
1,04
:(559):621=8277 paw—ta----
FAX (559) 488-1.020 . Si ed
Bond No: 216 72 05
SUBDIVISION IMPROVEMENT Premium: $34,156-5.00 --
PERFORMANCE BOND
Whereas, .the City'Council of ther-,City_of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("principal")
will be entering into an agreement whereby principal agrees to install:and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for the Final Map of Tract No. 5258 and , is hereby referred to and made a part hereof; and
5295
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement
Now, therefore, we, the principal and Insurance Company of the west ,
as surety are held and firmlybound unto the City of Fresno ("City"), in the penal sum of
three million four hundred thirty four thousand annd
.,Mindollars ($ 3,434,000.00 ) 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 June s , 20o5
Principal: McMillin Sunnyside Ranch,. LLC
By: **SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the West
By:
**SEE ATTACHED SIGNATURE PAGE**
(Surety)
Signature Block for Bond Number 216. 72 05 to be attached to and
become a part of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: Genera ner
By: I
Its: , l�
BY
Its: VP
INSURANCE COMPANY OF THE WEST
By:
S oux Munyon, Atto ey-i -Fact
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
- Bond No--.216 72 05
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. . We.are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect,if any,.the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible:
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: "That Insurance Company of the West,a Corporation duly organized under the laws of the State"of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation"
duly organized tinder the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint
SIOUX MUNYON,ANNE WRIGHT .
their true and lawful Attomey(s)=in-Fact with authority to date;execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
4�,oMPANyo�r �ft$tl �° ava�G. INSURANCE COMPANY OF THE WEST
air`P�OBPUBATFp'�4 rJ����voR4rFyA� U $ X -
THE EXPLORER INSURANCE COMPANY
4 SEAL n INDEPENDENCE CASUALTY AND SURETY
COMPANY
ioxn a � at`
reuPottt+�� �F/1 *fid IoM � r.?a
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
SS.
County of San Diego
On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig personally known to me to be
the persons whose names are subscribed'to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
MARY COBE l Cab
}- CQb1M.#4321"3A1
{� ROtAFaYP WC CALIFORNIA N
to SAA!DIEGO COUNTY
U ' . My Commission Expires_
SEPTEMBER 20.;2005
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with Ahe Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)'named"as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents:
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsinule representations referred to herein may be affixed by stamping, printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in frill force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards ofDirectors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 8th day of June 2005
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and detailsofthe bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A
State of California -
'� I
I
h County of. San Diego E
I.
I On June 8, 2005 before me, Nancy I. trusso, Notary Public
Date Name and Title of Officer e.
h' ( g.,"Jane Doe,Notary Public") i
' personally appeared Sioux Munyon
Name(s)of Signer(s)
n personally known to me–OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
( and acknowledged to me that he/she/they executed theS
I ) l
same in his/her/their authorized capacity(ies),and that by
( his/her/their signature(s)on the instrument the person(s),
( or the entity upon behalf of which the person(s) acted, �•�
(; + ,. < <. :, NANCY I.TRUSSO `
�•' COMM.#1327756 executed the instrument.
o "'► ;3,
W NOTARY PUBLIC-CALIFORNIA mo ,
a y. SAN DIEGO COUNTY WITNESS my hand and official seal. CS
My Comm Exp.Oct.28,2005
Signature of Notary Public
. : OPTIONAL
C Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 'S .
h fraudulent removal and reattachment of this form to another document.
ZI
Description of Attached Document
Title or Type of Document: Bond
I Document Date; Number of Pages: I
�j Signer(s) Other Than Named Above:
Ni
Ca acit fes Claimed b Signer(s)
� P Yt� . ) Y
Signers Name: Sioux Munyo.n Signers Name:
r, ❑ Individual ❑ Individual
i ❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
t ❑ Partner ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
IR Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee __ ❑ Trustee _
I�I' ❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
c'(.
Signer Is Representing: Signer Is Representing: +'
I
(
(, Insurance Company of the .
west
®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
G ss.
County of �C7►'l �� �' U
On C3 Q5 before me, I G Q o+VLV%/1 C
Date me an le of Officer(e .,"Jane Doe,Nota Puhlie)
personally appeared Tc)u W L `�Q �h ami 1", a
Name(s)of Signer(s)
impersonally known to me .
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and
acknowledged to me that Wshe/they executed
the same in FWher/their authorized
capacity(ies), and .that by jbWt 1their
signature(s) on the instrument the person(s), or
L�wlk.E the entity upon behalf of which the person(s)
CoaaNplon01/3697 acted, executed the instrument.
� lutoloey�ue�c-c�uallo .
SanObP�taorlQ► WITNESS my hand and official seal.
MOM
MYConM11,641�f a4
SI a of No "Ac
OPTIONAL
Though the information below is not required bylaw,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 JJ
Title or Type of Document: i t t 1/IS(_UVB ��` / ��`✓�� t3r
Document Date: Number of.Pages:
Signer(s)Other Than Named Above-
Capacity(les) 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 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
- Bond No.: 216 72 05
Premium: Included in
Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("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. 5258 and 5295 , 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 Insurance Company of the west ,
as corporate surety, are held firmly bound unto the City and ail 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 eight hundred seven thousand five hundred and no/ioo dollars
($ 1,807,500.00 }, 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 hereinabove set forth, and also in case
suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's 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 ber included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of 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. June 8 , 20 05
Principal: McMillin Sunnyside Ranch, LLC
By:
**SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the West
**SEE ATTACHED SIGNATURE PAGE**
Signature Block for Bond Number 216 72 05 to be attached to and
become a part.of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: General Partner
By:
Its: ,
By:
Its: VP
INSURANCE COMPANY OF THE WEST
By:
S'oux'M nyon, Atto ey-in- act
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
L
Bond No: 2.16 72 05, f. P
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act; insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer_Insurance Company Independence Casualty and Surety Company,
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint
SIOUX MUNYON,ANNE WRIGHT
their true and lawful Attomey(s)-ih-Fact with authority to date,execute,sign;seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof;the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
Y
()JAPAN? %14 Q%N3u�9 �5° �s - INSURANCE COMPANY OF THE WEST
�a APORrt7 y" 4t-- 0- —Ayn v m a U� THE EXPLORER INSURANCE COMPANY
+* v
z INDEPENDENCE CASUALTY AND SURETY
SEAL
°tQAcx,.,efi sP+9� 190 x 2 ' �� COMPANY
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
County of San Diego ss.
On December 5,2003,before me,Mary Cobb,Notary.Public,personally appeared John L.Hannumand John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
MARY COBB C �
_ COMM,#1321341. ..n
V NOTARYPt18t-lC.cAuFoRNiA w
-�. SAN DIEGO COUNTY
My Commission Expires
SEPTEMBER 20;2005 Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in bill force.
IN WITNESS WHEREOF,I have set my lucid this 8th day of June 2005
John H.Craig,Assistant Secretary
To verify the authenticity ofthis Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
CALIFORNIA ALL-PURPOSE, ACKNOWLEDGMENT
rcrcrcr�ccrc�er�c enc e- c c �rcccc �rrc�<rcrM_ rr< c re�crcc<rc��rcrcrcc<roy;
e
State of California - . -.._. 9
(, County of San Diego
On June 8, 2005 before me, Nancy I. Trusso, Notary Public
. - Date - - Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
i
M personally appeared Sioux Munyon
Name(s)of Signer(s)
n personally known tome–OR–E]proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
I` and acknowledged to me that he/she/they executed the
I` same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
-` NANCY I.TRUSS or the entity upon behalf of which the person(s) acted,
a I executed the instrument.
COMM#1327S6
w `s1 NOTA
a RY PUBLIC-CALIFORNIA m
?t SAN DIEGO COUA;N ° WITNESS my hand and official seal.
0s My COMM.Exp.CCt.28,2005
SignaM of Notary Public
I ' 1
yy OPTIONAL �II
j Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent `s
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
`� Title or Type of Document: Bond
Document Date: Number of Pages:
I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
f.
Signer's Name: Sioux Munyon Signer's Name:
I
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): _ Title(s):
( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ;
I' ER Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator 0 Guardian or Conservator
I ElOther: Top of thumb here ElOther: Top of thumb here I.I
C'
Signer Is Representing: Signer Is Representing:
(� I
Insurance Company of the L
I West
t F
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT"
State of California
ss.
County of Sari t�fltq p
On -Sl- b`� before me, l •C GQ.cf�., i�0 v� u�t I L
Date 1Na wand"Tittlleoff Officer(e.g.,"Jane Doe,Notary Public's -
personally appeared Joe -A r � �y cwc( �t -- /A- .3Z tf LS
Naroe(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) .~dare
subscribed to the within instrument and
--L 6iI1GE acknowledged to me that i1e they executed
Id bolC.ofrlf7b9�� the same in� hj thW/their authorized
�� � capacity(ies), and that by "/her/their
Wokssignature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS
my hand and official seal.
igna re f 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 (� 2
Title or Type of Document: S�Gt +J<�0+^� h7 sw�.0-�^ M 216 --7 ZCY3-
Document Date: 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 Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationahrotary.org Prod.No.5907 Reorder.Call Toll-Free I-800-876.6827
I
MCMILLIN SUNNYSIDE RANCH,; LLC -CITY OF. FRESNO
Voucher Invoice Date Invoice Amount Amount Held Net Amount
Job Number invoice Description ----
06200505641 .060805 6/08/G&=. 181,'0"00 . 00 "''' 181, 000 . 00
632200 5% PERFORMANCE BOND REQUIREMENT
06200505646 060505 6/08/05 181, 000 . 00. 181, 000 . 00
632200 5% PERFORMANCE .BOND REQUIREMENT
06200505923 060805 6/08/05 181, 000 . 00- 181, 000. 00-
632200 5% PERFORMA060505641003003EMENT .
181, 000 . 00 181, 000 . 00
PAYEE :. CITY OF FRESNO .VNDR.: 0.3538 ,.CHK NO: . 61
AtWESTERN FINANCIAL
15750 ALTON PARKWAY
The Corky McMillin Companies IRVINE CA 92618
ir.r,n'�s.,i,unew,n ai, „cam 90-857/3222
MCMILLIN SUNNYSIDE RANCH, LLC
PROJECT CHECKING
P.O. BOX 85104 DATE CHECK NO. AMOUNT
SAN DIEGO, CA 92186-5104
6.19-477-4117 6/10/05 61 $*****181, 000.00
ONE HUNDRED EIGHTY-ONE THOUSAND DOLLARS AND 00 CENTS
PAY
TO THE CITY OF FRESNO -
ORDER 2600 FRESNO STREET - -
aF FRESNO, CA 93721
0000006 LH• is 3 2 2 28 5 7 5 2i: 21,600 L, 1 1 360
PZ821u.01 City of Fresno 8/26/04
Payment Due selection S 14:04:35
Project nbr/desc 04 00001309 FTM FINAL TRACT NO. 5258
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
616.00 616.00 PW STREET PLAN CHECK DEPOSIT 616.00
176.00 176.00 LANDSCAPE PLAN REVIEW 176.00
1 15099.00 15099 .00 LD TRACT MAP FINAL 15099.00
1, 43_00 43.00 TRACT MAP FIRE PREV FINAL 43.00
Total 16434.00 -
F3=Exit .FS=Select all fees F12=Cancel
a
CITY OF FRESNO
CUSTOMER RECEIPT
Oper: TRISHAH Type. DV . Drawer: 1
Date: 8126/04.01 Receipt no:. 72631
Description Quantity Amount
2004 1309
PZ PLANNING & ZONING
1.00 $16434.00
2004 1310
PZ PLANNING ZONING
1.00 $11598.00
THE CORKY MCMILLIN COMPANIES
CENTRAL VALLEY RESIDENTIAL
BUILDERS LP 73`2-1000
111 S J06SON
VISALIA 933291
Tender detail
CK CHECK 30060 $16081.00
CK CHECK 30059 $11951.00 .
Total tendered $28032.00
Total payment $28032.00
Tran date. 8/26/04 Time: 14:08:51
CENTRAL VALLEY RESIDENT BUILDERS, LP CIO OF FRESNO
Voucher Invoice Date. Invoice Amount Amount Held Net Amount
Job Number , Invoice Description
06200505660 060605 6/06/05 3 , 540 . 00 3 , 540 . 00
202555 COVENANT PREPARATION FEES
3 , 540 . 00 3 , 540 . 00
PAYEE : CITY OF FRESNO VNDR: 03538 CHK NO: 36269
AW CALIF BANK 8 TRUST
3787 AVOCADO BLVD
The Corky McMillin Companies LA MESA, CA 91941
ne,ay-mangos.•�aOwalopn l•Hm"•comfdr 90-3210/1222
CENTRAL VALLEY RESIDENTIAL BUILDERS, LP
GENERAL CHECKING
P.O. BOX 85104 DATE CHECK N0. AMOUNT
SAN DIEGO, CA 92186-5104
619-477-4117 6/101 36269 $*******3, 540 .00
THREE THOUSAND FIVE HUNDRED FORTY DOLLARS AND 00 CENTS
PAYCITY OF FRESNO - �-
ORDE 2600 FRESNO STREET
OF FRESNO, CA 93721
000362690 I: 122232LO942050039LGLO
PZ821401 City of Fresno 6/14/05
Payment Due Selection 09 : 29 : 28
Project nbr/desc 04 00001309 FTM . FINAL TRACT No. 5258
.Project type FINAL TRACT MAP
Select fees due, press .Enter.
1=Select entire amount
Amount
opt to apply Bal Due Fee Description Trans amt .
3540.00 3540 .00 LD COVENANT PREPARATION FEE 3540.00
CITY OF FRESNO
CtlSTOMER RECEIPT
Oper: ROSALIAM Typed DV Drawer: 1
Date: 6/14/05 OS Receipt r : 3469
Quant it Amount
Total 3540.00 DeScri fii�r� y
LD14 1309
pl PLANNING ZONING $3540.00
F3=Exit F5=Select all fees F12=Cancel
THE CORKY MCMILLIN COMPANIES
PO 9OX 85104
SAN DIEGO CA. 92186--511)4
619-477-4117
Tender detail 36269 $3540.00
CK CHECK $3540.W
T-tal tendered
$3540.00
Total payr
Trans date: 6/14/05 Time: 9:35:39
CALIF BANK &TRUST
3787 AVOCADO BLVD
The Corky McMillin Companle5 . LA MESA, CA 91.941
a.rir• .m.y.•..e o.wow •eom..•com.,..ar .90-3210/1222
CENTRAL VALLEY RESIDENTIAL BUILDERS, LP
GENERAL CHECKING
P.O. BOX 85104 DATE CHECK NO. AMOUNT
SAN DIEGO, CA 92186-5104
619-477-4117 6/10/05 36269 $*******3, 540 . 00
THREE THOUSAND FIVE HUNDRED FORTY 'DOLLARS AND 00 CENTS
TO THE CITY OF FRESNO ..�
TO
ORDER 2600 FRESNO STREET
OF FRESNO, CA 93721
11000 3 6 2 C39 1: L22232L091: 205003916111'
CENTRAL VALLEY RESIDENT BUILDERS, LP CIle OF FRESNO
Voucher Invoice Date: Invoice Amount Amount Held Net Amount -
Job Number Invoice Description
06200505654 060605 6/06./05)"' 3414 ,' 197 . 31. :-If` "3441197 . 31
202555 SUBDIVISION DEVELOPMENT FEES
I
3441, 197 . 31 344 , 197 . 31
PAYEE: CITY OF FRESNO VNDR: 03538 CHK NO: 36268_.
I
AWCALIF BANK & TRUST'
11 ! 3787 AVOCADO BLVD
The Corky McMillin Companies i LA MESA, CA 91941
AmMty•ee19.-.Uma oswlcp�l•Hm"•cam..+d 90-3210/1222
CENTRAL VALLEY RESIDENTIAL BUILIERS, LP
GENERAL CHECKING
P.O. BOX 85104. i DATE CHECK N0. AMOUNT
SAN DIEGO, CA 92186-5104 I
619-477-4117 6/10/05 36268 $*****344,197 .31
THREE HUNDRED .FORTY-FOUR THOUSAND ONE HUNDRED NINETY-SEVEN DOLLARS
AND 31 CENTS
PAY '
To THE CITY OF FRESNO
ORDER 2600 FRESNO STREET _
OF FRESNO, CA 93721
I
000 36 2688' is L 2 2 2 3 2 4091: 20 500 39 L6 LIII