HomeMy WebLinkAboutT-5302 - Cashier Memo - 3/9/2007 . +� 71 � - ` r Y S`'a9' ���•� ( 'V B 3' P rr i 1,1,,
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PLANNING AND DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section
DATE: May 5, 2005
TO: ELIZABETH PONCE, Principal Account Clark M r`xt r7
.ti
Public Works Department,ment En mee 'm Administration'�
Development Department, Building & Safety er ' Division
SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR
TRACT NO 5302/UGM
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5302/UGM.
1. Copy of the Subdivision Agreement for Tract No. 5302/UGM.
2. The total Fees and Charges previously process through your Department on the
Developers Credit Card due with the final map as noted of page 4 of 4 of the itemized
Exhibit "B" at the rear of subdivision agreement.
3. A California Bank Certificate of Deposit No. 1340014683 in the amount of $ 5,000.00,
which represents the five percent Performance Security, as noted on page 1, of Exhibit"A'
at the rear of said subdivision agreement.
4. City's Faithful Performance Bond in the amount of $ 89,00.00
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5. City's Subdivider's Payment Bond in the amount of $ 47,000.00
Please provide copies of the Cashier Memorandum for our records. If you should have any questions
Please feel free to contact me at 621-8074
Respectfully
Louis Rocha
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Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar - Public Works Department
CD X Passbook Other
Deposited At: California Bank, Fresno Main, Fresno CA
Certificate/Acct. No: 1340014683
Deposit Amount: $5,000.00 Maturity Date:
Depositor: Name: Wathen-Castanos/European Bluffs, LP
Address: 7259 North First Street Fresno, CA 93720-2964
Street City/State Zip
Job Address: Tract 5302
Received By: Rose Saldivar, Public Works Engineering Date: May 6, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/state Zip
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Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department- Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Payment Bond
Deposited At: Insurance Company of the West, 191 W Shaw, Suite 109, Fresno CA 93704
Certificate/Acct. No: 2137847
Deposit Amount: $47,000.00 Maturity Date:
Depositor: Name: Wathen-Castanos/European Bluffs, LP
Address: 7259 North First Street Fresno, CA 93720-2964
Street City/State Zip
Job Address: Tract 5302
Received By: Rose Saldivar, Public Works Engineering Date: May 6, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Comments"
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department- Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Faithful Performance Bond
Deposited At: Insurance Company of the West, 191 W Shaw, Suite 109, Fresno CA 93704
Certificate/Acct. No: 2137847
Deposit Amount: $89,000.00 Maturity Date:
Depositor: Name: Wathen-Castanos/European Bluffs, LP
Address: 7259 North First Street Fresno, CA 93720-2964
Street City/State Zip
Job Address: Tract 5302
Received By: Rose Saldivar, Public Works Engineering Date: May 6, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
a r.
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Comments•.
1
,W AUTOMATICALLY RENEWABLE
CALIFORNIA BANK
U Txusr TRUST
E
'.. UISSUED AT Fresno Main OFFICE Fresm CA DATE 3-31-05
N = (CITY OR TOWN) (STATE)
wWathen-Castanos Inc & City of Fresno/European Bluffs LP Tract 5302 13400146h3
UQ (CUSTOMER NAME) (CUSTOMER NUMBER)
**'Five Thousand Dollars and no/100************** *1L **5000.00**** a
DOLLARS $ �
�' w D
F- 2 Rethen Castaaos InclCi.t9 of Fresno °C
i HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITY =
Q N AS HEREINAFTER SPECIFIED AND UPON PRIES ENTAIIMObVENDER OF THIS CERTIFICATE.PROPERLY ENDORSED,AT THE ABOVE OFFICE. �
0. THE MATURITY OF THIS CERTIFICATE WILL BE Q //��[[JJ 77 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
O
Z UNLESS!(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS
RECORDS Of BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR (B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURREND`fj�q,F,QR PAYMENT.
Q. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF YIJ..ZZ %PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABDVE PROVIDED,AND SUCH INTEREST WILL BE
PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN
INSTRUCTIONS Of THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK.
I..+ THE RATE OF INTERESTIS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT
I
NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE
�7• • y Q 5 V r Account Number: 1340014683
Security Amount: $5,000.00
ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: „ :z n (I's-1 j Er+s I-t1 hereinafter
called ASSIGNOR, whose principal place of business is
715 ` N , Ise Skecl- r-ts:; C A /} `� � 72C
Street City State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all
right, title, and interest of whatever nature, of assignor, in and to the insured account of
assignor in the , evidenced by C• D, in the
amount of $ 5'P va. o v number 1340014683 which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the account by the Federal Deposit Insurance Corporation, and includes and
gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as
indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given
as security for liability fori��.`k 5 3 C -Z �1 �„ ,G•. ._� 5��
including
interest and penalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of California.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this 31st day of March 02005
Xeae 8Title of Assignor
RECEIPT FOR NOTICE'OF ASSIGNMENT
Receipt is hereby acknowledged to the City of Fresno of the State of California of
written notice of the assignment to the City of the account identified above. We have noted
in our records the City's interest in the account as shown by the above assignment and have
retained a copy of this sheet. We certify that this account is fully insured by the Federal
Deposit Insurance Corporation and that we have received no notice of any lien,
encumbrance, hold, claim or obligation of the above-identified account prior to the
assignment to the City of Fresno. We agree to make payment to the City of Fresno upon
request in accordance with the Commercial Banking laws applicable to the institution.
Dated this 3ist day of March , 20 05
California Bank & Trust Fresno Main Fresno, CA
Bank Name Branch Location City State
B' /
ame Title of Officer
Bond No.:2137847
Subdivision Improvement
Payment Bond
Whereas, the City Council of the City of Fresno, State of California, and European Bluffs, LP, a California Limited
Partnership (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated and identified as Tract No.5302,is hereby referred to
and made a part hereof; and
Whereas, under the terms of said agreement,principal is required before entering upon the performance of the work, to file a
good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Fresno and all
contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Code of Civil Procedure in the sum of Forty Seven Thousand and No/100*******
*****************dollars ($47,000.00**), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought upon this bond, will pay,in addition to the face amount thereof,costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court,and to be taxed as costs and to be included in the 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 said agreement
or the plans and 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 itne s w1he thi instrument has been duly executed by the principal and surety above named,on March 18,2005.
I
PRINCIP L: 1 4
Europe tuffs, Ply C Partnership
B k A. (Seal)
(Principal-
SURET
Insuranc Compa,4 the West
191 W.S aw,Suite 109,Fresno,CA 93704
By .�j ` / —�� (Seal)
Ro erta Voss
Attorney-In-Fact
i
l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On April 26. 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos
® personally known to me- OR-
F-1 proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal.
IIYNCiiELLE C.IDEIMIR
_ CommNtbn# 1512843 ?
Nolory Pubic-Caftmio
fwno County
MKOW.Expk t Sep 12,
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
XxAl/rp
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑
Partner- ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
RIGHT THUMB RIGHT THUMB
OF SIGNER OF SIGNER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On O before me, Lyn Genito,Notary Public,
personally appeared Roberta Voss,
®personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)
acted,executed the instrument.
LYN GENITO
® COMM. #1390820 ; WITNESS my hand and official seal.
NOTARY RUBLIC-CALIFORNIA
FRESNO COUNTY
` My Comm.Expires Jan.16,2007
.1 1A Q�t4'
Signatdr6 f gotao
Y+Y �x i d. 04? C f t 'r' ad" `� i $�:• a+ �,
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Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA-iCw 24 wood
No. 0002608
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
MATT DEFENDIS,LYN GENITO,JUSTIN S:MIT,ROBERTA VOSS
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.
==
urANy _ %3`0-YA
QINSURANCE COMPANY OF THE WEST
�o of 1NS(/q 0
j�6 J9 '•PVpR---4- / dG.
OPPaMy e'c,° �r�o„ m! .,F �`, THE EXPLORER INSURANCE COMPANY
z INDEPENDENCE CASUALTY AND SURETY
' y1
SEAL COMPANY
M+Aai i.Lotti \yc '9 +• p� of DO
1
�roara-^�! :Ze�� ��
a
+t 1` 4t_0N7
John H.Craig,Assistant Secretary John L.Hannum,Executi ve Vice President
State of Cali fomia
} 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
,- ` ";. COMM.#1321341
U NDTARYPUBUC-CALifORNIA Uf
v► "e SAN DIEGO COUNTY 0 /
V r My Co mmrssronExp ires
SEPTEMBER 20,20D5
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 Attomey 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 ofany 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
1.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 ofthe Companies,and are now in fill force.
IN WITNESS WHEREOF,I have set my hand this 18th day of lurch 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 ofAttorney 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 92130-7045 or call(858)350-2400.
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.
w-
h
Bond No.: 2137847
Premium: $1,068.00
Subdivision Imarovement
Performance Bond
Whereas, the City of Fresno State of California, and European Bluffs,LP, a California Limited Partnership(hereinafter
designated as "principal") have entered into an agreemen; whereby principal agrees to install and complete certain designated public
improvements,which said agreement, dated and identified as Project,Tract No.5302, is hereby referred to and
made a part hereof;and
Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now,therefore,we the principal and Insurance Company of the West,as corporate surety,are held and firmly bound unto the
City of Fresno, (hereinafter called "City"), in the penal sum of Eighty Nine Thousand and No/100*********
***********($89,000.00) 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 herein 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,these 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 taxes 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 plans and 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 WITNESSWHEO this i trument has been duly executed by the principal and surety above named, on March 18,
2005.Principal. uro can Blua 'f rn ted Partnership
By (Seal)
(Princip I
1
Insurance Company of the est
Bye _ '- (Seal)
Ro erta Voss
Attorney-In-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On March 28. 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos
® personally known to me - OR-
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
C WITNESS my hand and official seal.
;3tr Conwnbilon#1512843 /
1VOtary PubNC-C01100tnl0
FrOM County
%Fmy Comm.Eg*w Sep 12,2008
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
RIGHT THUMB RIGHT THUMB
OF SIGNER OF SIGNER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On % G? before me, Lyn Genito,Notary Public,
personally appeared Roberta Voss,
®personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument.
w LYN GENITO
COMM.#1390820
0NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal.
FRESNO COUNTY
@,My Comm.Expires Jan.16,2007
11 n I tob
Signa re bf N�t
i '.�v N�*'�
.: ate� �,.+c. �''-L '' ..gat.r,:C��` a�.a;. OP�1��.i1�•. a"'.. i�,E..:+'�#'..'v�iam,�w..::;.n�`: ,'�`_� S:*r" >r-
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CA•ICW 24(7/00)
�. No. 0002608
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
MATT DEFENDIS,LYN GENITO,JUSTIN SMIT,ROBERTA VOSS
their true and lawful Attorneys)-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.
4A
4��ouRexraFl �NSUgq
")NIT--_,b I INSURANCE COMPANY OF THE WEST
�4t-,l 1""\ THE EXPLORER INSURANCE COMPANY
\��OR►OMlEp 4r �•`F U i'--i\�-11`.
I z I c INDEPENDENCE CASUALTY AND SURETY
COMPANY
r+ecw 1,10,
,ZON 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 COBB
COPAM.#13211321
341
L) NOTARY PUBLIC-CALIFORNIA (A
SAN DIEGO COUNTY
V � 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 Attorney(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
L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 1 n th day of T Larch 2005
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-11I1 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 Croup,
11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
s
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.
4
City of
C11edL%-&I==-: I/i
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10775
SUBDIVISION AGREEMENT FOR TRACT NO. 5302
A PLANNED UNIT DEVELOPMENT
Subdivision Agreement
Tract No. 5302
Page 2
THIS AGREEMENT is made this22'±dayofINr ,2005,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and EUROPEAN BLUFFS,LP.,a California Limited Partnership,7259 North First Street,
Suite 101, Fresno, CA 93720-2964, hereinafter designated and called the "Subdivider," without
regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5302 (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 necessaryforthe 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 Cityof 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. 5302
dated July 21, 2004 issued by the City and any amendments thereto and Conditional Use Permit
Application No. C-04-061 dated July 21, 2004 (hereinafter referred to as "Conditions of Approval'
Subdivision Agreement
Tract No. 5302
Page 3
and incorporated into this agreement by this reference), hereinafter set forth in detail, within the
time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the
City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two(2)years of the date of this
agreement.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
approved by the Parks Division. The responsibility to provide and plant, or
to inspect the required Street Tree planting, shall be in accordance with the
Street Trees fees paid in EXHIBIT"B," attached hereto and made a part of
this Agreement.
Subdivision Agreement
Tract No. 5302
Page 4
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and firefighting water
supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located within
said subdivision shall not be construed in any manner to constitute an
acceptance and approval of any or all of the streets and improvements in
the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion may
be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a time
extension with the Director of Public Works prior to the above noted date,
who shall ascertain the facts and determine the extent of justifiable delays,
if any. Extension of time for completion of improvements (including street
trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
i
Subdivision Agreement
Tract No. 5302
Page 5
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdividershall constructs complete underground street light
system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewerextensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with Public Works Standards within seven(7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
w
Subdivision Agreement
Tract No. 5302
Page 6
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system,in accordance with the approved improvement plans(i.e.,Landscape and Irrigation
Plans, Grading Plans), within the landscape treatment of Outlots A and B required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdvider's landscape maintenance obligation
pursuant to a homeowner's association and covenants, conditions and restrictions
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on.the following construction plans
and any amendments thereto :
i. City Drawing No. 15-C-1.2131 (1 sheet)inclusive, unless specifically
omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the
City and/or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions, the total fees and charges due as a condition of 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
i
Subdivision Agreement
Tract No. 5302
Page 7
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards.for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
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.
F
Subdivision Agreement
Tract No. 5302
Page 8
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A. for
guarantee and warranty of the work for a period of one (1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether
such land be privately or publicly owned.
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
F
Subdivision Agreement
Tract No. 5302
Page 9
Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the
performance of said work. The Subdivider further agrees that the use for any purpose and by any
person of any and all of the streets and improvements hereinbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon, for, or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance
Act of the State of California, with respect to such work or labor, and shall file with the City pursuant
to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a
valid policy of Workers' Compensation Insurance for the duration of the period 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.
� f .
Subdivision Agreement
Tract No. 5302
Page 10
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control'as used herein shall mean the sprinkling of the streets with water or the laying of an
Subdivision Agreement
Tract No. 5302
Page 11
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City
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.
Subdivision Agreement
Tract No.5302
Page 12
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
///
///
///
///
///
Subdivision Agreement
Tract No. 5302
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation EUROPEAN BLUFFS, LP., a California
Limited Partnership
DAVID D. HEALY, Director
Public Works Department By: European Village, Inc., a California
Corporation, as qeneral Partr er
LBy: By: '
Michael T. Kim, P.E., Assistant Director Kevin J. Ca V
os, President
ATTEST:
REBECCA E. KLISCH, CMChard G. Wathen, Secretary
City Clerk
By:
Deputy (Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California j
County of Fresno II
On April 22, 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos and
Richard G. Wathen
® personally known to me - OR -
El proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal.
OwComMICHELLE C.DEWRT
Commisslon.# 1512843
m.
Notary Pubic-CallfomlaFresno County
Expkes Sep 12,2008
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner.- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
L I
RIGHT THUMB RIGHT THUMB
OF SIGNER I OF SIGNER
EXHIBIT A Subdivision Agreement for Tract 5302
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $46,983
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $750
Street Construction Cost Estimate 1 32,925
Final Cost Estimate (for Inspection Fee purposes) $80,658
104 Landmarks, Monuments, Lot& Block Corners ($50/ea) $5,200
Sub-Total (for bonding purposes) $85,858
Construction Contingency(10%) $8,586
TOTAL COST ESTIMATE*
(for improvement securities purposes) $94,444 $94,000
*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 $89,000
5%of amount shall be in cash or a Certificate of Deposit $5,000
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 $47,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $1,000
1% of next$400,000 $0
0.5% of amount over$500,000 1 $0
Minimum amount $4,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 03/08/05 Print Date:03/08/05 10:35:26 AM Page 1 of 1
r
EXHIBIT B Subdivision Agreement for T- 5302
NET AMOUNT AMOUNT
A. MISCELLANEOUS FEES&CHARGES EXTENSION DUE DEFERRED
1. INSPECTION FEE
$80,658 Final Cost Estimate>$1 OK<$500K $7.132.39
($4836+3.25%of amount over$1 OK)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $7,132.321 $7,132.39
2. MONUMENT CHECK FEE
41 Lots and Outlots @ $30.00 per Lot 1,230.00 $1,230.00
(Min$200)
3. STREET�SIGNS
�0 Street Name Sign sets @ $173.00 per set na _n a
0 Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree na na
OInspection Fee(when planted by subdivider) @ $30.00 per Tree na na
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S.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 na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Developer chooses Homeowners Association to satisfy landscape requirements. No Fees Due.
B. IRRIGATION PIPELINE(one-time maintenance fee)
l Lineal Feet @ $5.00 per LF na na
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
I/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES&CHARGES $8,362.39 $8,362.39
EXHIBIT 8 v11/01/01 Printed 03/10/05 11:38:02 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 5302
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
6.8250 Gross Acres
6.6140 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
39 Units(residential)
R-1/BP Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
EK FMFCD Drainage Area
6.8251 Acres per FMFCD @ $4,120 per Acre $28,119.00
Local Drainage Fee 28,119.00 $28119.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: N.Polk Avenue 60,300 SF
Total Square Feet 60.300 SF
60 300 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6,030.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 96,030.001 F______$_0_0_0J $6,030.0,
(b)Oversize Sewer Charge
19 UGM Reimbursement Area
Frontage:IN.Polk Avenue 65,000 SF
Total Square Feet 65,000 SF
65,000 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3,250.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 3,250.00 $0.00 $3.250.00
(c)Trunk Sewer Charge
Grantland Trunk Sewer Service Area
39 Units @ $419.00 per Unit 16,341.00 $16,341.00
(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 Ca acity Enhancement Charge
Grantland Trunk Sewer Service Area
39 Units @ $0.00 per Unit 0.00 $0.00
EXHIBIT B v11101101 Printed 03110/05 11:38:02 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 5302
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2004 1213 lEstimate Number
5006 1 Water Job Number
Estimated Deposit(FMC 14-111-f) $7,100.00 $0.00 (B3)
(B3) Deposit paid with Eariy Construction Agreement
(b1)Service Connection Charges ®
39 1-1/2"Meters to existing services @ $455.00 each 17 745.00 $0.00 $17,745.00
(b2)Landscape Service Connection Charges
2"Meters to existing services @ $530.00 each 30. 0 $530.00
(c)Frontage Charge
Frontage:IN.Polk Avenue 340 LF
340 LF; subtotal Frontage Charge(full rate) @ $6.50 per LF $2,210.00
Sub-Total Frontage Charge $2,210.00
Less estimated Frontage Charge Credits
Frontage Charge 92,215.531 $0.00 $2,210.00
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
6.8250 Gross Acres @ $643.00 per Gr Acre $4,388.48
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge $4,388.481 $0.00 1 $4,388.48
(e)Transmission Grid Main Bond Debt Service Charge
6.8250 Gross Acres @ $243.00 per Gr Acre $1,658.48
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $1,658.481** $0.00 $1,658.48
( UGM Water Supply Fee
201-s Supply Well Service Area
39 Living Units(residential) @ $407.00 per Unit $15.873.00
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $15,973.001 $15,873.00
( Well Head Treatment Fee
201 Well Head Treatment Service Area
39 Living Units(residential) @ $0.00 per Unit
(h Rechar a Fee
201 Recharge Service Area
39 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
39 Living Units(residential) @ $0.00 per Unit
EXHIBIT B 01/01/01 Printed 03110/05 11:38:03 AM Page 3 of 4
ti K
EXHIBIT B Subdivision Agreement for T- 5302
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
14 Fire Station Service Area
6.8250 Gross Acres @ $547.00 per Gr Acre $3,733.28 $0.00 $3,733.28
(b)UGM NEIGHBORHOOD PARK FEE
5 Neighborhood Park Service Area
6.8250 Gross Acres @ $2,459.00 per Gr Acre $16.782.68 $0.00 $16.782.68
(c)UGM MAJOR STREET CHARGE
C/D-2 Major Street Zone
6.6140 Adjusted Gross Acres @ $2 798.00 per AG Ac $18,505.97
Less Estimated Major Street Charge Construction Credits
Major Street Charge 18,505.97 $0.00 $18,505.97
(d UGM MAJOR STREET BRIDGE CHARGE
C/D-2 Major Street Bridge Zone
6.6140 Adjusted Gross Acres @ $94.00 per AG Ac $621.72
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 621.72 $0.00 $621.72
(e UGM SEPARATION CHARGE
Grade Separation Service Area
6.6140 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM SEWER FEE
Grantland Trunk Sewer Service Area
6.6140 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
39 Living Units(residential) @ $414.69 per Unit $16172.91
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge $16,172.911 $0.00 $16,172.91
Total Impact Fees&Charges $142,888.61 $60,863.00 $91,098.52
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $8,362.39
TOTAL(B) IMPACT FEES&CHARGES $60,863.00 $91,098.52
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $69.225.39
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