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T-5321 - Agreement/Covenant - 8/2/2005 (3)
City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10750 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5321 Subdivision Agreement Tract No. 5321 Page 2 THIS AGREEMENT is made this N - day of 4f9rt 20_Q, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Woodside Sevillano Inc., a California Corporation, 3509 Coffee Road, Suite D-10, Modesto, California 93355, 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. 5321 (hereinafter referred to as the, "Final Map" and incorporated into this agreement by this reference) and has requested the City to accept the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and to otherwise approve the Final Map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of the Final Map, the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and.deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on the Final Map shall be improved by. the construction and the installation of the improvements hereinafter specified. C. Section 12-1 Q14 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Vesting Tentative Map No.5321/UGM. dated August 4, 2004 issued by the City and any amendments thereto (hereinafter referred to as "Conditions of Approval" and incorporated into this agreement by this reference), hereinafter set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to construct the improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all.parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument. AGREEMENT In consideration.of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Tentative Map,it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1.. The Subdivision is,subject to the following: a. The work and improvements shall be performed hereinafter specified on or before one (1) year of the date of this agreement, except as noted below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before two(2) years of the date of this agreement. C. The Street Trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the Public Works Department - Subdivision Agreement- Tract No. 5321 Page 3 Construction Management Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the City Engineer. The responsibility`to provide and plant, or to inspect the required Street Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT"B," attached hereto and-made a part of this. d. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdivider's attention is particularly called to Part III, Article 9 of UFC relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met. No occupancy permit shall be issued until all Fire Department requirements 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 frorn 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 here6f, 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. Subdivision Agreement Tract No. 5321 Page 4 3. The work and improvements.are as follows: a. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and, release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdividers engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual ' installation of the lights. The Subdivider shall construct a complete underground serviced street light system\as approved by the City Engineer prior to final acceptance of the subdivision. Height,type, spacing, etc. of standards and luminaires shall be in accordance With Resolution Nos. 78-.522 and 88-229 or any amendments or modifications which may be adopted by'Council prior to the actual installation of the lights and shall be approved by the City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with Public Works Standards within seven (7) days from the time said streets are surfaced, or as directed by the City Engineer. g Any temporary storm water retention basins constructed or enlarged to serve this subdivision shall be fenced in accordance with Public Works Standards within seven (7)days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to .cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and Shall be directly responsible for payment. Subdivision Agreement Tract No. 5321 Page 5 is The Subdivider shall install the fencing/walls, landscaping and irrigation system,in accordance with the approved improvement plans(i.e., Landscape and Irrigation Plans, Grading Plans), within the Landscape Easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the. landscaping and irrigation systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the ..maintenance thereafter. The Subdivider shall provide each prospective purchaser,a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. The improvement plans for such. landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director except that improvement plans for landscape easement areas to be annexed and maintained by CFD-2 shall be as approved by the City Engineer. j.` Perform and construct all work shown on the following construction plans and any amendments thereto i. City Drawing Nos: [10-C-8814 through 1 OC-8820 with Water Job No. 5003 (7 sheets) inclusive, 15-C-12393 through 15-C-12404 (12 sheets) inclusive, Drawing No. 4-C-711 through 4-C-713 (3 sheets) inclusive], unless specifically omitted herein. ii. Fresno Metropolitan Flood Control District Drawing Nos: AN-16-1 through AN-16-3 (3 sheets) 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,jhe 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." Subdivision Agreement Tract No. 5321 Page 6 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 wouldinclude any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the.City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any.Public Works Standards for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said.work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer. 5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider shall-furnish to the City,the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do business in California subject to the approval of the City and on forms furnished by the City. 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 Subdivision Agreement Tract No. 5321 'Page 7 ii. 5% of the final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY: Total amount to equal to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in_the form of a bond or irrevocable instrument of credit. C. Any and all other improvement security as required by Section 12-1016 of the Fresno Municipal Code: 6. On acceptance of the required work by the City Engineer, a warranty security shall be furnished to or retained by the City, in the minimum amount.identified in said Exhibit A, for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash ora 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 Subdivision Agreement Tract No. 5321: Page 8 . indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents,. employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any. person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 9. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 10. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon,for, or about the performance of the.work contracted to be done, and for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance Act of the State of California,with respect to such work or labor,and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 11. Initial soils compaction testing for public utility, improvement work within the right-of-way shalhbe 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 Subdivision Agreement .Tract No. 5321 Page 9 shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered. by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of.Fresno be placed in the .position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the.Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Wheneverthe Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If 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 mateals 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. Subdivision Agreement. Tract No. 5321 Page 10 16. Adequate dust control shall be maintained bythe Subdivider on all streets within and without the subdivision on which work-is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph,.the City. Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an,individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, 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. Subdivision Agreement Tract No. 5321 Page 11 -17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains,gas mains,and their respective service connections,shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence.of this Agreement, and the same shall bind and inure to.the benefit of the parties hereto, their successors and assigns. 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the.Subdivider without the written consent of City. Subdivision Agreement . Tract No. 5321 Page 12 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Woodside.Sevillano, Inc.,a California Corporation DAVID D. HEALY, Director Public Works Department By: By; Michael T. Kirn, P.E., Assistant Director Se re; President ATTEST: , REBECCA E. KLISCH, CMC City Clerk By: Deputy APPROVED AS TO FORM: HILDA CANTU MON_TOY (Attach Notary Acknowledgment) City Attorney By: " Deputy EXHIBIT A. Subdivision Agreement for Tract 5321 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $106,575 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $96,350 Street Construction Cost Estimate $76$,462 Final Cost Estimate(for Inspection Fee purpos( s) $966,387 195 Landmarks, Monuments, Lot& Block Corners($50/ea) $97750 Sub-Total(for bonding purposes) $976,137 Construction Contingency(10%) . $97,614 TOTAL COST ESTIMATE* (for improvement securities purposes) $11073,751 '$1,074,000 *.All amounts rounded to nearest$1000 . B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement) Performance Security.(1006/6 of Total Cost Estimate) 95%of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $1,020,000 5% of amount shall be in cash or a Certificate of Deposit $54,000 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 $537,000 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans(Sewer.Water,Storm Water) $0 Street Light Plans $0 1 . 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 $2,900 Minimum amount $11,900 EXHIBIT A v4/28/00 Prepared By: Frank Date: 04/27105 Print Date:04/27/05 2:50:43 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5329 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE, $966 3B7 Final Cost Estimate over$500K $39 914.87 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $12,327.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $27,587.871 $27,587:87 2. MONUMENT CHECK FEE 86 Lots and Outlots @ $30.00 per Lot 2 580.00 $2,580.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set $1.211.070 $1,211.OD 0. Warning/Regulatory signs @ $77.00 sign $385.00 $385.00 4. STREET'TREES 97 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2 910.00 $2,910.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) S. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& replacement of Stamped Concrete Paving @ $20.00 per SF ria ria 6. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director ria ria 7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 86 Lots(anticipated maintenance cost) @ $66.41 per Lot $5 711.26 Lum Sum Other maintained features Incidental expenses: legal fees,publications,mailings, Lum Sum engineering,assessment district proceedings $3 300.00 Lum Sum Landscape area Field Inspection Fee- @ $305.00'LS $305.00 Public Works Total $9 316.26 $9 316.26 $77.Q0 Estimated assessment per Lot(information only) S. IRRIGATION PIPELINE(one-time maintenance fee) ®Lineal Feet @ $5.00 per LF ria ria 9.URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 41/Friant Road/Hemdon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00 TOTAL MISCELLANEOUS FEES&CHARGES $43,990.13 $43,990.13 EXHIBIT B v11/01/01 Printed 0427/05. 2:52:10 PM Page 1 of 4. EXHIBIT B Subdivision Agreement for T--- 5327 NET AMOUNT AMOUNT. EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 18.5810 Gross Acres 18.0419 Adjusted Gross Acres(AG Ac); excludes Area of Arterial.&Collector Streets 86 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AN FMFCD Drainage Area 18.5800 Acres per FMFCD @ $0 per Acre Local Drainage Fee 0.001 1 $0.00(1311) (B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: W.-McKinley Avenue 42 700 SF Total Square Feet 42,700 SF 42 700 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $4 270.00 Less estimated Lateral Sewer Charge Credits. Lateral Sewer Charge 270.00 $143.97` $4,126.03 Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge 26 UGM Reimbursement Area Frontage:1W.McKinley Avenue 42,700$F Total Square Feet 42 700 SF 42,700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $2 135.00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 2135.00 $72.00' $2,063.00 (c)Trunk Sewer Charge Cornelia I Trunk Sewer Service Area 86 Units @ 419.00 per Unit 36,034.00 $36,034.00 (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 aci4y Enhancement Charge Comelia Trunk Sewer Service Area 86 Units ^' @ $0.00 per.Unit 0.00 $0.00 3. WATER CONNECTION CHARGES (a)Time&Material Charges(-Wet-Tie") F2-0-0-4-0-9-0-9-]Estimate Number 5003 Water Job Number Estimated Deposit(FMC 14-111-f) 9,400.00 $0.001(B3) (B3) Deposit paid with Early Constriction Agreement (bi)Service Connection Charges 81 1"Meters to existing services @ $330.00 each $26,730.00 $0.00 $26,730.00 2 1-1/2"Meters to existing services @ $455.00 each 910.001 $0.001 1 $910.00 EXHIBIT B 01101101 Printed 04127/05 2:52:11 PM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5321 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (b2)Landscape Service Connection Charges 1 2"Meters to existing services @ $530.00 each 530.00 $530.00 (c)Frontage Charge Frontage: W.McKinley Avenue 427 LF Sub-Total Lineal Feet(full rate) 427 LF 427 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $2 775.50 Sub-Total,Frontage Charge $2 775.50 Less estimated Frontage Charge Credits Frontage Charge 2 775.50 $93.58 ' $2,681.92 (d)Transmission Grid Main Charge UGM Reimbursement Area 18.5810 Gross Acres @ $643.00 per Gr Acre $11,947.58 Less Estimated TGM Construction Credits Transmission Grid Main Charge 11,947.58 $402.84 (e Transmission Grid Main.Bond Debt Service Charge 18.5810 Gross Acres @ $243.00 per Gr Acre $4 515.18 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge 4,515.18 $152.24. $4,362.94 (fLqqM.Water Supply Fee 301-s Supply Well Service Area 861 Living Units(residential) @ $508.00 per Unit $43 686.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee 43 668.00 $43,688.00 ( Well Head Treatment Fee 301 Well Head Treatment Service Area 861 Living Units(residential) @ $221.00 per Unit $19 006.00 Less Estimated Well Head Treatment Fee Construction Credits $0.00 Well Head Treatment Fee 19,006.00 . $19,006.00 (h Rechar aFee 301 Recharge Service Area 86 Living Units(residential) @ $0.00 per Unit (i)1994 Bond Debt Service Fee 301 1994 Bond—Vebt Service Fee Service Area 861 Living Units(residential) @ $60.00 per Unit $5 160.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00 1994 Bond Debt Service Fee 5 160.00 $180.00 ' $4,980.00 EXHIBIT B v11/01/01 Printed 04/27/05 2:52:11 PM Page 3 of 4 EXHIBIT B Subdivision Agreement for T: 5327 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED .4. URBAN GROWTH MANAGEMENT(UGM)FEES$CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 16 Fire Station Service Area 18.5810 Gross Acres @ $1 242.00 per Gr Acre $23 077.60 $778.11 " $22,299.49 J (b)UGM NEIGHBORHOOD PARK FEE Neighborhood Park Service Area 18.5810 Gross Acres @ $1,783.00 per Gr Acre $33,129.92 $1,117.05` $32,012.87 .. (c UGM MAJOR STREET CHARGE E-4 Major Street Zone 18.0419 Adjusted Gross Acres @ $3,531.00 per AG Ac $63 705.95 Less Estimated Major Street Charge Construction Credits Major Street Charge 63 705.95 $2,148.--2-61. $61,557.69 (d UGM MAJOR STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 18.0419 Adjusted Gross Acres @ $196.00 per AG Ac $3 536.21 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge 3,536.21 $119.24 " $3,416.97 (e UGM GRADE SEPARATION CHARGE \ Grade Separation Service Area 18.0419 Adjusted Gross Acres @F $0.00 per AG Ac na ( UGM SEWER FEE Trunk Sewer Service Area 18.0419 Adjusted Gross Acres @ $0.00 per AG Ac na a ( OVERLAY SEWER SERVICE AREA Millbrook Overlay Service Area 18.0419 Adjusted Gross Acres @ $0.00 per AG Ac nal 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS (a)TRAFFIC SIGNAL CHARGE 8fi Living Units(residential) @ $414.69 per Unit $35 663.34 Less Estimated Traffic Signal Charge Construction Credits $0.00 Traffic Signal Charge $35,663.34 $1,244.073* $34,419.27 Total Impact Fees&Charges $290,550.94 $105,709.36 $211 104.92 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $43,990.13 TOTAL(B) IMPACT FEES&CHARGES $105,709.36 $211,104.92 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $149,699.49 EXHIBIT B 01101101 Printed 04/27/05 2:52:11 PM - - - - Page 4 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I On before me, &ZL Date Name and Title of OH' r(e. .,'Jane Doe,NotA Publi(f) _ . personally appeared Name(s)of Signer(s) personally known to me ❑proved to me on the basis of satisfactory.evidence MONICA C.BAEZA to be the person(s) whose name(s) is/are subscribed ComrnWion#15520M to the within instrument and acknowledged to me that -: Notory Pud►c-Caiifornio he/she/they executed the same in his/her/their keano County authorized capacity(ies), and that by his/her/their #yComm.Expires feb t 2,2009 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. Place Notary Seal Above ! - Signature of Notary Public OPTIONAL Though the information below isnot 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: ` r T (r 3Z/ Document Date: `i"-2 D_o� Number of Pages: I . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate'Officer—Title(s): ❑ Corporate Officer-Title(s): ❑ Partner—❑ Limited ❑ General VICiftheilm ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact �61 - Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Bond Number: 216 57 87 Premium: $6,120.00 / FAI�THFU PERFORMANCE:BON1 :;:_: _ (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State. of California, and Woodside Sevillano, Inc. , a California Corporation (herein designated as"principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated APril '28, 20 05 and dside 5evillano Subdivision, Tract 5321 identified as project _;oo is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said-agreement. NOW, THEREFORE, we, the principal and Insurance Company of the West , as surety, are heli and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum .of one Million Twenty Thousand and No./100 dollars ($_1,020,000.00 ) lawful money of the United States, for the payment of which sum well and truly be made,we bind ourselves,our heirs,successors,executors and administrators, jointly and severally, fin-nly by these presents. The condition of this obligation is such that if the above bounded principal, his or it's heirs, executors, administrators, successors or assigns, shall in all things stand,to and abide by,:and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided;on his or their part,to be kept and performed.at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void,; otherwise it shall be and remain in full forcer and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement'rendered. The surety hereby.stipulates.and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms-of the agreement or to the work or to the specifications. Faithful-P.erformance Bond -(Subdivision Agreement) Page 2 In witness whereof,this instrumentba's been duly executed.by the principal and surety above named, on April 28 20 OS Woodside Sevillano, Inc. , ' PRINCIPAL: a California Corporation By: . S�7N J. UAE, P�tF3�De�r' Y: SURETY: Address of Surety Insurance Company of the West .4424 -South700 East, 4210 By .J. Michele Burraston, Attorney-in-Fact Salt Lake City, UT .84107 y. Surety.Ac'knowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/2001 r- STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) On this 28th day of April 2005 personally appeared before me J. Michele Burraston ' who being by me duly sworn, did say that s/he is the Attorney-in- Fact of Insurance Company of the West , a Corporation organized under the state of California and that s/he is duly authorized to execute the same. i , ..AURA PLAIN /A Michele Bit aston, Attorney-in-Fact S 470 E.3900 So.,Ste. #202 SaltLake Ctty, Utah 84107 Commission Expires . November 2.2005 STATE UTAl� �R.LIiLr.�. My Commission Expires: Notary Public Residing in Salt Lake County,Utah CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On q-201 -6S before me, • `�' , Date Name and Title of Off" r(e.g.,"Jane Doe,NotAry Public") personally appeared _kA.Q_ , Names)of Signer(s) 94ersonally known to me ❑-proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed MONICA C. to the within instrument and acknowledged to me that Comm sion#1552008 he/she/they executed the same in his/her/their 0J1AVC0MM- Notary PUbhe-CCOOMIa authorized capacity(ies), and that by his/her/their Pisano countyE>�asFeb12• signature(s) on the instrument the person(s), or the POW-WIMentity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand not official seal. C Place Notary Seal Above I (&M Signature of Notary P I. 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 Docume i Title or Type of Document: I (�! �-C'►' Wilt (+ (1 CX���Q� b '532 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner=q Limited ElGeneral ❑ Attorneyin Fact Top of thumb here ❑ Attorney In Fact Top of thumb here ❑ Trustee ElTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National NotaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 Reorder:Call Toll-Free 1-800.876.6827 f. No. 0000039 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 J.MICHELE BURRASTON,TERRY.H.BUCKNER,CRAIG B.HURST,GAYL.E WOOD their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity Paid surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. hit witness whereof,the Companies have.caused these presents to be executed by its duly authorized officers this 16th day of January,2001. �4PANy, ��o ox tNSUq pe`nw `�'ae INSURANCE COMPANY OF THE WEST ,O ��RRPORATFO,�4 Q�40Pp pA4T�•y� �G� O� THE EXPLORER INSURANCE COMPANY a SEALn ,n K - INDEPENDENCE CASUALTY AND SURETY a COMPANY ZONA L 9 g John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California Comity 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 NOTAFWPUSUC-CALIFORNIA CA to m SAN DIEGO COUNTY V r MyCommissior,.Exptres; SEPTEMBER 2.0;2405. 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 seat 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 full force. IN WITNESS WHEREOF,Ihave set myhandthis 28th day of April 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 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. Bond Number: 216 57 87 Premium: Included with Performance Bond. SUB'DIVIDER'S PAYMENT-BOND- . (Subdivision Agreement) WHEREAS, the City'.Council of the City of Fresno, State of California, and Woodside Sevillano, Inc. , a California Corporation (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated April H 2005 and identified as project Woodside Sevillano Subdivision, Tract 5321 is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made -in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. NOW,.THEREFORE, said principal and the undersigned.as corporate surety, are held firmly bound unto the-City-of Fresno-and all contractors, subcontractors,'laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the.sum of Five Hundred Thirty Seven Thousand and No/100 * * * * * * * * * * * * * * * * * * * * * * dollars ($ 5371000.00- ), for materials furnished or labor thereon of any kind, or for amounts due the.Unemployment Insurance Act with respect to.such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay; in addition to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully enforcing such.obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby-expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with:Section-3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should-the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in'full force and effect. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms.of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice-of any such change, extension; alteration or.addition. Subdividerls.Payment Bond (Subdivision Agreement) Page 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, ora Aril 28 ' 2005 Woodside Sevillano, .Inc. ,. PRINCIPAL: a California Corporation By: SURETY: Address of Surety 4424 South 700 East, ;'x`210 Insurance Company of the West l7 4er SaltLake City, UT 84107 By:J. ic. . raston, tt*re -in- c . . Y' Surety Acknowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/20.01 . STATE OF UTAH ) as COUNTY OF SALT LAKE ) On this 28th day of April 2005 personally appeared before me J. Michele Burraston ,who being by me duly sworn, did say that s/he is the Attorney-in- Fact of Insurance Company of the West , a Corporation organized under the state of California and that s/he is duly authorized to execute the same. _ C W,r NOTARY PUBLIC LAURA PLAIN Michele Burraston Attorney-in- act R 470 E.9800 So.,8b.*202 � Salt Lake Or Utah "107 Commieslon I& free ,••a' November 2.2005 STATE OF UTAH My Commission Expires: Notary Public Residing in Salt Lake County,Utah CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of lAkA (I&- r 7 On -Zq-0s before meq / , DateName and A�otQtf .g., Jane&DoNjfiry Public") personally appeared 4. 6 /1.1 0 Name(s)of Signer(s) - rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed MONICA C BAM to the within instrument and acknowledged to me that Commission#1552008 he/she/they executed the same in his/her/their Notary Public-CoNornia authorized capacity(ies), and that by his/her/their FresmCounty signature(s) on the instrument the person(s), or the V1 VCor".bt*eafeb12: entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c Place Notary Seal Above Signature of Notany Pu,Ic 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 Docu ent `` h ` Title or Type of Document: i�1�eAe�� ���y t(p � o J3�1 Tom` Document Date: 4-21'&)S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name`. ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General NO ❑ Partner ❑ Limited ❑ General ❑ Attorneyin Fac • t Top of thumb here ❑ Attorney In Fact Top of thumb here El ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800.876-6827 . No.0 0000039 ICW CROUP " 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 J.MICHELE BURRASTON,TERRY H.BUCICVER,CRAIG B.HURST,CAYLE WOOD 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. wYy av 4�,DMP"Nrop� \NSLR9 � °8 INSURANCE COMPANY OF THE WEST 5�`��QppNq,�TFO�4 C4r t'OBP oA4)�y� U $ G THE EXPLORER INSURANCE COMPANY d SEAL r K INDEPENDENCE CASUALTY AND SURETY v+ft-x1,AV' COMPANY 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 Jolm 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 C/U`'CJCJ .,. � � �' COMM.#1321341 n. U,r NETAPYPUBLIC-CALIFORNIA tn: H SAN Otm CQUNTY r ' . MyCommissiopExpires SEPTEMBER 20,,2405 Mazy 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, seat,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 frill 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. 1N WITNESS WHEREOF,I have set my hand this 28th day of April _ 12005 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 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. PZ821U01 City of Fresno 12/10/04 Payment Due Selection 11 : 00 : 05 Project nbr/desc 04 00001333 FINAL TRACT MAP NO. 5321 Project type . . . FINAL TRACT MAP Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Bal Due Fee Description Trans amt 640 . 00 640 . 00 LD SP AGREEMENT-EARLY PERMIT 640 . 00 Total 640 . 00 F3=Exit F5=Select all fees F12=Cancel REORDER CHECKSEAL I888I 624-5786 Woodside Homes of California-CCS Vendor No. 132501 Date 11130104 Check No. 1555 West Shaw Avenue Fresno CA 93711 City of Fresno 20014986 Inwice Number InwlceDate Description Gross Amount Dlscounts/Adjustments PaymentAmoum 11)30104 M 1 113004 job*5605 West Fresno 640.00 640.00 640.00 640.00 CITY CF FRESPJG �� RUSALiAM TY-Pe' by pate° 12/10/04 (11 Receipt 1eso"cr.A4PQuantityoJPrd; 11 13p7 pC ;r" tit 1.pir $&410,00; !JGGuSIpF HUt4Es GF CA CCS 1 JJJ C57 SHAW AVE FRESPdG, CA 33711 jarrderetail Ct a1 1Htednder ed ``j�'143d6640,r;t i;ttal Nyme nt $640.U[:I $640.00 Tran_ date: 12/10IC;4 +line; 11;t1', J�j� F�211D1 My of FresnoS 005 P We % ect i on 15- 26. 37 °R,q � t br /desc : W&OCYO,MR TRXT MSP ND 5321 g type �1 e ent�epa� &te' Aimt . t W Bal2&00 % GqWA:rM l (1 FEE Trans CITY OF.FRESNO #** CUSTOMER RECEIPT * Oper: TRISHAH : TYPe: DV Drawer: 1 Date: 5/02/05 0i Receipt no: 3672 Descri tion Quantity Amount p PZ 2^PLANNING &1333 3ZONINS Tot al 25M. 1.60 $2504.OU WOODSIDE WEST FRESNO-UYENO PROPERTY 1555 W SHAW AVE REORDER* CHECKSEAL(868)624-5786 FRESNO 93711 Woodside West Fresno-Uyeno Propel Tender detail Check Date: 04/29/05 1555 West Shaw Avenue CK CHECK 20039288 $2500.00 Check No: 20039288 Fresno CA 93711 Total tendered $2500.00 ieck Amount: $'•"'2,500.00 Total payment $2500.00 Invoice Number Date Trans date: 5/02105 Time: 15:32:00 !nt Disc/Adj Payment Amount COVENANT PREPARATIO 04/28/05 D-00 2,500.00 I. ( Woodside West Fresno-Uyeno Property KtYBANK NATIONAL ASSOCIATION Gtseck't]ate Chec Nu'm 1555 West Shaw Avenue 29-53/213 04/29/05 20039288 Fresno CA 93711 Check Amount so0.o01 Pay TWO THOUSAND FIVE HUNDRED AND Two Signatures=Required Void After 90 Days To The Order City of Fresno of 2600 Fresno Street �r Fresno CA 93721 - SIGNATURE WA COiDRlD.6ACKGROUNO•BOHpEA CONTAINS MIGgQPRIk'RNf1 I'' 200 39 21313o. 1:0 2 L 300 5 564 3 2099440004411' REORDER CHECKSEAL(868)5245786 Woodside West Fresno-Uyeno Property vendor No. 132501 Date 01/31/05 Check No. 1555 West Shaw Avenue Fresno CA 93711 CltyofFresno 20024749 Invoice Number Invoice Date Description Gross Amount Dlscounts/Adjusiments Payment Amount 1/31105 SE 0 013105 8,957.00 6,357.00 1/31/05 SE 0 013105 990.00 990.00 7,347.00 7,347.00 i i „ n i i CITY OF FRESNO CUSTOMER RECEIPT Aper: TRISHA4 Type: DV Craver: 1 Date: M3/65 01 Receipt no: 13916 Description at,at Amount 2t 0,j 1441 BP BUILDi"JG PERMITS 1.00 $2'449.00 20015 1040 BP BUILDING PERMITS 1.00 $2449.00 20,05 1039 BP nL ILDING PERMITS 1 ii1 $2449.00 WOODSIDE !BEST r'RE5N0=UYENO PROPERTY 1555 W SHAW.AVE FRESNO 93711 Tender detail G!( CHECK 20024749 $7347.00 Total tendered X7347.00 Total payment $7347.00 Trans date: 2/03/05 Time: 11:37:06 BP820UO3 City of Fresno 2/03/05 Payment Due Selection 11: 34 : 15 a Application nbr 05 00001039 Property . . . . . 4605 W WEATHERMAKER AVE Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Amount due Str Permit Insp Fee Description _ 330 . 00 330. 00 *WATER METER - 2119 . 00 2119 . 00 *SEWER WASTEWATER e Tot 2449 . 00 BP820UO3 City of Fresno 2/03/05 Payment Due Selection 11:34 : 07 Application nbr 05 00001040 Property . . . . . 4611 W WEATHERMAKER AVE Select fees due, press Enter. 1"-Select entire amount Amount Opt to apply Amount due Str Permit Insp Fee Description _ 330 . 00 330 . 00 *WATER METER 2119 . 00 2119 . 00 *SEWER WASTEWATER Tot 2449 . 00 BP820UO3 City of Fresno 2/03/05 Payment Due Selection 11 :33 : 53 Application nbr 05 00001041 -Property . . . . . . 4617 W WEATHERMAKER AVE Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Amount due Str Permit Insp Fee Description 330 . 00 330 . 00 *WATER METER 2119 . 00 2119 . 00 *SEWER WASTEWATER PZ821U01 City or r'resno 8/31/04 Payment Due Selection "A 09 :41 : 57 Project nbr/desc 04 00001333 FINAL TRACT MAP NO. 5321 Project type . . . FINAL TRACT MAP Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Bal Due Fee Description Trans amt .50 . 00 250 . 00 PW SEWER PLAN CHECK DEPOSIT 250 . 00 _ 250 . 00 250 . 00 PW WATER PLAN CHECK DEPOSIT 250 . 00 _ 500 _00 500 . 00 PW STREET PLAN CHECK DEPOSIT 500 . 00 176 - 00 176 . 00 LANDSCAPE PLAN REVIEW 176 . 00 149,14 - 00 14214 . 00 LD TRACT MAP FINAL 14214 . 00 43 . 00 43 . 00 TRACT MAP FIRE PREV FINAL 43 . 00 Total 15433 . 00 CITY OF FRESNO rF CUSTOMER RECEIPT # Oper,: CAROLINH Type- DY Drainer: 1 Date: 8/31/04 01 Receipt no: 78193 Descrit0 crr, 1Quantity A[,v,unt NZ PPLif ING & ZONING 1.00 $15433.00 i WOODSIDE GREEN HILLS 3509 COFFEE ROAD SUITE D-10 MODESTO, CA 95x355 Tender detail CK CHECK 20000570 $15433.00 Total tendered $15433.00 j Total payment $15433.00 Trans date: 8/31104 Time: 9;47:433 Woodside Green, Hills Estates'-Prestwick KrreNvK"AnQ4a`A �"�"°� 5S ,3 20000570 35M Coffee Road;:Shite D•io Modestn.CA95355 >. ante CRecxAmumt P4.y `.FIFTEEN THOUSAND FOUR HUNDRED TFIIR7Y'THRLRttND moo.bu,,. •.�; :.,rw.,..,. ,� Tome `,City of Fresno f. Order 2500 Fresno Street Fresno CA 93721 iW S$GNATt7AEHASA,CDLGAEDaACK6140UNO BOROEREON.TAiNS.MICaOP'H1N7NG ��' zn000 5 70��• 1:0 2 1 300 S SD: 3 20 g9 L 4000►, Oji• - REORDER CHECKSEALIe881624-5795- Woodside West Fresno-Uyeno Property Vendor No: -132501 ` ' Check Date: 04/29/05 1555 West Shaw Avenue Vendor: City of Fresno Check No: 20039289 Fresno CA 93711 Check Amount: $•'•149,699.49 Invoice Number Date Description Gross.Amount Disc/Adj Payment Amount FES AND CHARGES 04/28/05 332.24 332.24 FES AND CHARGES 04/28/05 11,896.26 11,896.26 FES AND CHARGES 04/28/05 778,11 778.11 FES AND CHARGES 04/28/05 1,117.05 1,117.05 FES AND CHARGES 04/28/05 402.84 402,84 FES AND CHARGES 04/28/05 36,249.97 36,249.97 FES AND CHARGES 04/28/05 63,317.58 63,317.58 FES AND CHARGES 04/28/05 8,017.57. 8,017.57 FES AND CHARGES 04/28/05 27,587.87 27,587.87 149,699.49 149,699. j f Woodside West Fresno-Uyeno Property KEYBANK NATIONAL ASSOCIATION Check Date heck Nu f 1555 West Shaw Avenue 29-55x213 04129! 20039289 I Fresno CA 93711 Check Amount 1 $""i 49,699.49 Pay ONE HUNDRED FORTY NINE THOUSAND SIX HUNDRED NINETYcMNE AND 491100********* To The Two Signatures Required Void Atter 90 Days � Order City of Fresno i of 2604 Fresno Street ��— Fresno CA 93721 SIGNATURE HAS A COLORED BACKQROUND.BORDER CON. INS MICROPF TING j It':20039 28 911' 1:0 2 1 300 5 561: 3 2099440004411' REORDER f CHECKSEAL 16681824-5786 Woodside West Fresno-Uyeno Property Vendor No: 132501 Check Date: 04/29/05 1555 West Shaw Avenue Vendor: City of Fresno Check No: 20039287 Fresno CA 93711 Check Amount: $""54,000.00 Invoice Number Date Description Gross Amount Disc/Adj Payment Amount 5%PERFORMANCE SEC 04/28/05 5%Performance Sec Req 54,000.00 54,000.00 54,000.00 54,000.00 1 1 Woodside West Fresno-Uyeno Property KEYBANK NATIONAL ASSOCIATION Check Date Cha Number 1555 West Shaw Avenue 29-551213 04/29/05 20039287 _ 4 Fresno C;a 93711 Check Amount $****54,000.00 FOUR THOUSAND AND Two Signatures Required Void After 90 Days of Fresno is esno Street 93721 '$IGNATURE.HAS'A COLORED;BACKGROUND BORDER CONTAINSBIICROPRINtiNG X3928711• 1:0213 0 0 5561: 32099440004411' PZ821U01 city of vresno 2/03/05 Payment Due Selection 11 :29 : 11 Project nbr/desc 04 00001333 FINAL TRACT MAP NO. 5321 !Project type . . . FINAL TRACT MAP Select fees due, press Enter. 1=Select entire amount Amount Opt to apply Bal Due Fee Description Trans amt _ 3000 . 00 3000 . 00 LD BOND DEPOSIT 3000 . 00 Total 3000 . 00 REORDER CHECKSEAL(888)624-5786 Woodside West Fresno-Uyeno Property vendor No. 132501 Dale 01/31/05 Check No. 1555 West Shaw Avenue Fresno CA 93711 Gtyof Fresno 2002473.0 InwlceNumber InwlceDate Dewriptlon GrossAmount Discounts/Adjusiments PaymeMAmoum 1/31/05 EA 0 013105 - 3,000.00 3,000.00 3,000.00 _ 3,OOD.00 CITY OF FRESNO # CUST014ER RECEIPT ?�# Opt,: TRISHAH Type: OV `Drawer: 1 Date: 2/03/05'01 Receipt no: 13913 Deso-iYh�11 Jr, Iluantity Anuunt LV04 1J�I•J' FEZ PLANVQG ZONIr4G WOODSIDE WEST FRES410-U`IEM PROPE.RTI` 1 JJJp�WSHAW AVE FRESNO 9371111 Terldc-r detail CN, CHEC' 20024730 33000.01V Total tendered $3000.00 Total payment $3000.00 Tran} date: 21031,05 Tirlie: 11:35:51 Opp, REORDER CHECKSEAL(888)6245786 6 d _ Iloodside West Fresno-Uyeno Property Vendor No: 132501 Check Date: 04/29/05 1555 West Shaw Avenue Vendor: City of Fresno Check No: 20039287 Fresno CA 93711 Check Amount: $•"'54,000.00 Invoice Number Date Description Gross Amount Disc/Ad' Payment Amount 5%PERFORMANCE SEC 04/28/05 5%Performance Sec Req 54,000.00 54,000.00 54,.000.00 54,000.00 . _ . , :. Woodside West Fresno-Uyeno Property KEYeANK NATIONAL ASSOCIATION check Dare Number 1555 West Shaw Avenue 29-55/213 04/29/05 20039287 Fresno CA 93711 (-heck Amount $•••'54,000.00 Pay FIFTY FOUR THOUSAND AND Two Signatures Required Void After 90 Days ;7o The older City of Fresno 2600 Fresno Street Fresno CA 93721 ) 91Ct1A7i9AE MASA COLOREQ:BACKGROUNO+BORDER C0117AFH941CROPRINTMa 200 39 213 711' a:0 2 1300 5 561: 3 209944000440