HomeMy WebLinkAboutT-5370 - Agreement/Covenant - 3/15/2005 (3) r
f ,
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-Govemment Code 6103
City of
FRE81W
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559)621-8650
P.W. File No. 10696
SUBDIVISION AGREEMENT
TRACT NO. 6370., PHASE 2 OF VESTING
TENTATIVE MAP NO. 5189/UGM
Subdivision Agreement
Tract No. 5370
Page 2
THIS AGREEMENT is made this Z 2- "day of oA',61?&A1ZY ,20 Os,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and Central Valley Land Company, LLC, a Delaware Limited Liability Company,
111 South Johnson, Visalia, California 93291-6115, hereinafter designated and called the
"Subdivider,"without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City 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. 5370, Phase 2 of Vesting Tentative Map No. 5189(hereinafter
referred to as the "Final Map" and incorporated into this agreement by this reference) and has
requested the City to accept the dedications delineated and shown on the Final Map for the use
and purposes specified thereon, and to otherwise approve the Final Map in order that the same
may be recorded, as required by law.
B. The City requires,as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
.5
Subdivision Agreement
Tract No. 5370
Page 3
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.5189/UGM
dated October 15, 2003 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 constructthe 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 -
.y
Subdivision Agreement
Tract No. 5370
Page 4
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
required Street Tree planting, shall be in accordance with the Street Trees
fees paid in EXHIBIT "B," attached hereto and made a part of this
Agreement.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdividers 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 fads and determine the extent of justifiable
delays,if any. Extension of time for comps 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 shag 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
Subdivision Agreement
Tract No. 5370
Page 5
2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution
No. 70-36 and Resolution No. 84361) and any amendments thereto, (hereinafter referred to as
"Public Works Standardsl at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot comers 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. Subdividers attention is
directed to the installation of street lights in accordance with Resolution No.78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street
light system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "dead-end" streets created by this subdivision shall be barricaded in
Subdivision Agreement
Tract No. 5370
Page 6
accordance with Public Works Standards within seven(7)days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified as "Wet-Tie Charges" are estimates only and
serve as a deposit to cover the actual cost of construction. Should the actual construction
cost be less than the deposit, the Subdivider shall be refunded the excess. Should the
actual construction cost be greater than the deposit,the Subdivider shall be billed by the
City of Fresno for the difference and shall be directly responsible for payment.
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 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.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:15-C-12204through 15-C-12216(street plans);
4-0-811 (street light plans): 10-0-8756 through 10-0-8765 (water and sewer
plans); and
ii. Fresno Metropolitan Flood Control District Drawing Nos:BV-8-1
through BV-8-2.
Subdivision Agreement
Tract No. 5370
Page 7
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions,the total fees and charges due as a condition of
Final Map approval. The total fees and charges are more particularly itemized and made
a part of this agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known.Some degree of reasonable estimation is incorporated into
the calculations.Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application,by City,of all relevant Fresno Municipal Code provisions which relate
to the Subdividers payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted
and made a part of this Agreement In case there are not any Public Works Standards for any of
said work, it is agreed that the same shall be done and performed in accordance with the
standards and specifications of the State of California, Division of Highways_ All of said worts and
improvements and materials shall be done, performed and installed under the inspection of and
Subdivision Agreement
Tract No. 5370
Page 8
to the satisfaction of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall fumish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duty 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
L 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer,a warranty security shall
be fumished 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 tabor done or defective materials fumished. 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
Subdivision Agreement
Tract No. 5370
Page 9
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
Subdivision Agreement
Tract No. 5370
Page 10
10. The Subdivider and his subcontractors shall pay for any materials, provisions,and
other supplies used in,upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California,with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with
Public Works Standards shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
,•t
Subdivision Agreement
Tract No. 5370
Page 11
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 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
,•r
Subdivision Agreement
Tract No. 5370
Page 12
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,
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.
Subdivision Agreement
Tract No. 5370
Page 13
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. 5370
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
CENTRAL VALLEY LAND COMPANY, LLC
a Delaware Limited Liability Company
BY: - By: Central Valley Residential Builders, LP,
DAVID D. HEALEY, Dire or a California Limited Partnership,
Public Works Department as Manager
By: Corky McMillin Construction Services, Inc.,
a California Corporation,
as General Partner
APPROVED AS TO FORM: By:
Jos OLEx five Vice President
HILDA CANTO MONTOY
City AttorneyBy:Jim W. n, Vice President of
By: Engineering
Deputy
Subdivision Agreement (Attach Notary Acknowledgment)
JB+AK 01-05-05
* * * * * * * * * * * * * * *
STATE OF CALIFORNIA)
ss.
COUNTY OF TULARE )
On January 19, 2005, before me, the undersigned, a notary public for the state,
personally appeared JOSEPH A. LEAL and JIM W. ROBINSON personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s), or the entity behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal
WROTARY
STU RG EON
COMM. 1454944
PUBLIC-CAUFOR UA
TULARE COUNTY
wl CSCL 9Q.am
NOTARY S GNATURE SEAL
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On February 24,2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
M.T. Kirn, Assistant Public Works Director ,known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument(s)the person(s), or the
entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
J
v
By
Deputy February 24,2005(1:50pm)
EXHIBIT A Subdivision Agreement for Tract 5370
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $112,820
Well Construction Cost Estimate $500,000
Wellhead Treatment Construction Cost Estimate $300,000
Sewer System Construction Cost Estimate $122,630
Street Construction Cost Estimate $1,027,450
Final Cost Estimate(for Inspection Fee purposes) $2,062,900
202 Landmarks, Monuments, Lot& Block Corners($50/ea) $10,100
Sub-Total (for bonding purposes) $2,073,000
Construction Contingency(10%) $207,300
TOTAL COST ESTIMATE*
(for improvement securities purposes) $2,280,300 $2,280,000
*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 $2,166,000
5% of amount shall be in cash or a Certificate of Deposit $114,000
Payment Security (50%of Total Cost Estimate)
100% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1,140,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3%of next$50,000 $2,000
1%of next$400,000 $4,000
0.5% of amount over$500,000 $8,900
Minimum amount $17,900
EXHIBIT A v4/28/00 Prepared By: Frank Date: 01/13/05 Print Date:01/13/05 3:14:45 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5370
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$1 762 900 Final Cost Estimate over$500K $72,571.90
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $72,571.901 $72 571.90
2. MONUMENT CHECK FEE
81 Lots and Outlots @ $30.00 per Lot 2 430.00 $2,430.00
(Min$200)
3. STREET SIGNS
14 Street Name Sign sets @ $173.00 per set $2 422.00 $2,422.00
Waming/Regulatory signs @ $77.00 sign na na
4. STREET TREES
85 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2,550.00 $2,550.00
5. INTERSECTION IMPROVEMENTS/NORTH CLOVIS AVENUE AND EAST SHIELDS AVENUE
Fair share fee toward improvements of
Lum Sum intersection(P.C.Res.No.11909) $10,000.00 $10 000.00
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na nal
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
81 Lots(anticipated maintenance cost) @ $150.65 per Lot $12,202.65
II� Lum Su—m�I Other maintained features
I I Incidental expenses: legal fees,publications,mailings,
L Lum�Sum engineering,assessment district proceedings $2 300.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $14,807.65 $14,807
$161.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
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 $104,781.55 $104,781.55
EXHIBIT 8 v11/01/01 Printed 01/13/05 3:08:06 PM Page 1 of 4
• t ,
EXHIBIT B Subdivision Agreement for T- 5370
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
25.5300 Gross Acres
22.6840 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
81 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BV FMFCD Drainage Area
Local Drainage Fee $0.00 $0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
162 800 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $16 280.00
Less estimated Lateral Sewer Charge Credits $0.00
Lateral Sewer Charge $16,28 .00 $0.00 ' $16,280.00
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
undesignated UGM Reimbursement Area
162,800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $8,140.00
Less estimated Oversize Credits $3,321.00
Less estimated Overdepth Credits $2,952.00
Oversize Sewer Charge 1 867.00 $0.L0]* $1 867.00
(c Trunk Sewer Charge
Fowler Trunk Sewer Service Area
81 Units @ $344.00 per Unit U7,964,601 r___$_2_7_,8_64_0_01
(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 achy Enhancement Charge
Fowler Trunk Sewer Service Area
811 Units @ $0.00 per Unit 0.00 1 $0.00
( Copper Avenue Sewer Lift Station Benefit Service Area Charge__
01 Units @ $650.00 per Unit na na
(gyFowler Trunk Sewer Interim Fee Surety
81 Units @ $1,000.00 per Unit $81,000.001 $0.00 ' $81 000.00
Payable at the rate in effect at time of issuance of Certificate of Occupancy.
The fee rate currently in effect is$1000 per Living Unit or Living Unit
Equivlent.
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
2004 0803 Estimate Number
4992 Water Job Number
Estimated Deposit(FMC 14-111-f) 13,000.00 $13,000.00
EXHIBIT B v11/01/01 Printed 01/13/05 3:08:06 PM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 5370
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(bill Service Connection Charges
77 1"Meters to existing services @ $330.00 each $25,410.00 $0.00 $25,410.00
411-1/2"Meters to existing services @ $455.00 each 1,820.00 $0.00 $1,820.00
(b2)Landscape Service Connection Charges
212"Meters to existing services @ $530.00 each 1 060.001 $1,060.00
(c)Frontage Charge
Frontage: N.Armstrong Avenue —� 687 LF
Frontage: E.Shields Avenue 1,553 LF
Sub-Total Lineal Feet(full rate) 240 LF
2 240 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $14 560.00
Sub-Total Frontage Charge $14,560.00
Less estimated Frontage Charge Credits
Frontage Charge $14,590.301 $0.00 ' $14,560.00
(dj Transmission Grid Main Charge
E UGM Reimbursement Area
25.5300 Gross Acres @ $643.00 per Gr Acre $16,415.79
Less Estimated TGM Construction Credits 1 $0.00
Transmission Grid Main Charge 16 415.79 $0.00 ' $16,415.79
(e)Transmission Grid Main Bond Debt Service Charge
25.5300 Gross Acres @ $243.00 per Gr Acre $6,203.79
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $6,203.79
( UGM Water Supply Fee
501 s Supply Well Service Area
811 Living Units(residential) @ $582.00 per Unit $47 142.00
Less Estimated UGM Water Supply Fee Construction Credits $500,000.00
UGM Water Supply Fee $0.00 Paid w/credits
( Well Head Treatment Fee
501 1 Well Head Treatment Service Area
81 Living Units(residential) @ $238.00 per Unit $19,278.00
Less Estimated Well Head Treatment Fee Construction Credits $0.00
Well Head Treatment Fee $19,279.661 F-7-17.2-78-0701
(h Rechar a Fee
501 Recharge Service Area
81 Living Units(residential) @ $75.00 per Unit $6 075.00
Less Estimated Recharge Fee Construction Credits $0.00
Recharge Fee $6,075.001 $6 075.00
(1 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
811 Living Units(residential) @ $244.00 per Unit $19,764.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $19,764.00 $0.:00:]. $19,764.00
EXHIBIT B v11/01/01 Printed 01/13/05 3:08:06 PM Page 3 of 4
EXHIBI T B Subdivision Agreement for T- 5370
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UGM FIRE STATION FEE
undesi nated Fire Station Service Area
25.5300 1 Gross Acres @ $800.00 per Gr Acre $20 424.00 $0.00 $20,424-0-01
(b UG�ORHOOD PARK FEE
2 Neighborhood Park Service Area
25.5300 Gross Acres @ $2 392.00 per Gr Acre $61,067.761 $0.00 1 $61,067,761
(c UG�S ajar S CHARGE
D-1/E-2 Major Street Zone
22.6840 Adjusted Gross Acres @ $3,161.00 per AG Ac $71 704.12
Less Estimated Major Street Charge Construction Credits $35,529.00
Major Street Charge $56,175.12 $0.00 $36 175.12
(d UG�STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
22.6840 Adjusted Gross Acres @ $304.00 per AG Ac $6 895.94
Less Estimated Major Street Bridge Charge Construction Credits $0.00
Major Street Bridge Charge $6,895.941 $6 895.94
(e)UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
22.6840 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM TRUNK FEE
Fowler Trunk Sewer Service Area
22.6840 Adjusted Gross Acres @ $0.00 per AG Ac na
( OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
22.6840 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
81 Living Units(residential) @ $414.69 per Unit $33 589.89
Less Estimated Traffic Signal Charge Construction Credits $9,500.00
Traffic Signal Charge $!4,089.99-1 $0.00 $24 089.89
Total Impact Fees&Charges $375,160.40 $67,277.00 $331,973.29
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $104,781.55
TOTAL(B) IMPACT FEES&CHARGES $67,277.00 $331,973-2-91
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $172,058.55
EXHIBIT B v11/01/01 Printed 01/13105 3:50:49 PM Page 4 of 4
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: Western Financial Bank
Certificate/Acct. No: 2466000078
Deposit Amount: $114,000.00 Maturity Date: 7/25/05
Depositor: Name: Central Valley Land Company
Address: 2727 Hoover Avenue National City, CA 91950
Street City/State Zip
Job Address: Tract 5370
Received By: Rose Saldivar, Public Works Engineering Date: February 17, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USF.ONLY
Accepted By:
Name Deb , .
Released By: Nwne
:<:
Type of Release: a
DO* Doe
acknowledge receipt of the above referenced Instrument: .,
Signature: Date
Comments: ''"
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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 Faithful Performance Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 213 70 62
Deposit Amount: $2,166,000.00 Maturity Date:
Depositor: Name: Central Valley Land Company
Address: 2727 Hoover Avenue National City, CA 91950
Street City/State Zip
Job Address: Tract 5370
Received By: Rose Saldivar, Public Works Engineering Date: February 17, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINAKE USF-MY
Accepted By: �•;;,
' .. :•, � ,I�"i���r:'hL. :J. ..1 a. ;r�. ..r � y x�(`.?S`'r � "rr�w`� a
Released By:
Nwne
Type of Release: maw tw,d 091" ed
Do% Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments: > .
Bond Number: 213 70 62
Premium: $23,393.00
FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and Central Valley
Land Company, LLC (herein designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements, which said
agreement , dated 20 ,
and identified as project
Oxford Commons No. 1, is hereby referred to and made a part hereof; and,
;'T- 5370
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
held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of—two
million one hundred sixty six thousand and no/100 dollars ($2,166,000.00) 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, firmly 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 force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
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 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.
Fait;, 41 Perf.,�ma:nce Bono
(Subdivision Agreement)
Page 2
In witness whereof, this instrument has been duly executed by the principal and surety above
named, on Dece tier 21, 20 04
BY� **SEE ATTACHED SIG_dATUR PAGE**
**SEE ATTACHED SIGNATUPW Pl-:GZ**
By:
Principal
Address of Surety
S::
By,
Surety
Ackno,,,,ledaerr,ent by attorney-in-fact must be attached.
BONDFOP.PA DOC
Revised 09/30/94
Central Valley Land Company, LLC
SIGNATURE BLOCK
Signature Block for Bond Number 213 70 62 to be attached to and become a part of:
Central Valley Land Company,LLC
a Delaware limited liability company
By:Central Valley Residential Builders,L.P.
A California Limited Partnership
Its:Manager
By: McMillin Management Services,L.P.
a California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
A California co tion
Its: General Pa r
By:
Its:
By:
Its:
INSURANCE
INSURANCE COMPANY OF THE WEST
\
By:
S' ux Mun n,Atto ey-in ct
Insurance Company of the West
11455 EI Camino Real
San Diego,CA 92130
CADocuments and SertingsUShielly\Local Seaings\Temporary Internet Files\OLM\Oxford Commons Sig Block.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
San Diego ss.
'
County of
r
December 22 2004 T. Gage, Notary Public
s' On before me,
Dale Name and Title of Officer(e.g.,`Jane Doe,Notary Public") �
personally appeared Joe W. Shielly and Don Mitchell
i
Names)of Signer(s)
impersonally known to me
0 proved to me on the basis of satisfactory
t r evidence
1'
COMMM*m#143WS
Q
NoloryF�.Cryo to be the person(s) whose name(s) isiare
I Son OMWc� subscribed to the within instrument and
MVC0"W8VftA4 acknowledged to me that he/she/they executed
( E4
the same in his/her/their authorized
( capacity(ies), and that by his/her/their
i signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
i WITNESS my hand and official seal.
i
Sign 'te it Notargublic rr
i� irrrr
i�<�
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 1
fraudulent removal and reattachment of this form to another document.
k�
c Description of Attached Document '
Title or Type of Document:
l
I` Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer )
Signer's Name:
O Individual Top of thumb here IZ
1 0 Corporate Officer—Title(s): t
O Partner—0 Limited 0 General )
❑ Attorney-in Fact 1
O Trustee
` 01 Guardian or Conservator 1
3 Other.
Signer Is Representing: )
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.naaonamotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800.6766627
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The.
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
SIOUX MUNYON,ANNE WRIGHT
their true and lawful Attomey(s)-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 dmdy authorized officers this 16th day of January,2001.
4E�01AFAAIpo Q,tNBtlR' �°JA) \�,pG INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
s SEAL n r s INDEPENDENCE CASUALTY AND SURETY
14ft,1,All% t�'�, ��� 8 �$ COMPANY
+o
John H.Craig,Assistant Secretary John L.Harmum,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 13213
COMM.#1321341
0 NOTARY PUBUG-CAUFORHIA (A
N +i SAN OIEGO COUNTY �
W Mycormmisswn Expires,
SEPTEMBER 20,2005
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations.of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
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 of the Companies,and are now in full force.
IN WITNESS WHEREOF,i have set my hand this 21st day of December 2004
John H.Craig,Assistant Secretary
To verify the authenticity ofthis Power of Attorney you may call1-800-877-1111 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 No: 213 70 62
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On December 21, 2004 before me, Nancy I. Trusso, Notary Public
Date Name and Title of Officer(e.g,. 'Jane Doe.Notary Public")
personally appeared Sioux Munyon
Name(s)of Signer(s)
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
u_ his/her/their signature(s) on the instrument the person(s),
NANCY 1.TRUSSO i or the entity upon behalf of which the person(s) acted,
+ ' COMM. 1327166
b * executed the instrument.
w -• NOTARY PUBLIC-CALIFORNIA p
a SAN DIEGO COUNTY
MY COMM Exp.Oct.28,2005 I WITNESS my hand and official seal.
Signature o otary 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: Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
r;
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sioux Munyon Signer's Name:
r
_ Individual Individual
_ Corporate Officer _ Corporate Officer
Title(s): Title(s):
Partner—_ Limited _ General Partner— Limited _ General
:R Attorney-in-Fact _ Attorney-in-Fact
Trustee _ Trustee
_ Guardian or Conservator Guardian or Conservator
_ Other: Top of thumb here _ Other: Top of thumb here
,J
Signer Is Representing: Signer Is Representing: r
Insurance Company of the
West
0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivider's Payment Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 213 70 62
Deposit Amount: $1,140,000.00 Maturity Date:
Depositor: Name: Central Valley Land Company
Address: 2727 Hoover Avenue National City, CA 91950
Street City/State Zip
Job Address: Tract 5370
Received By: Rose Saldivar, Public Works Engineering Date: February 17, 2005
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
�F'11!iot USE MY
f111
Accepted By.
iw
Released By:
Name Dao
Type of Release: mww Ha i MWemd
Date Dees
1 acknowledge receipt of the above referenced instrument:
Signature: Irate
Comments:
a v
Bond Number: 213 70 62
Premium: Included in Performance Bond
SUBDIVIDER'S PAYMENT BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and Central Valley
Land Company, LLC (hereinafter designated as "principal") have entered into an agreement
whereby principal agrees to install and complete certain designated public improvements, which
said agreement , dated ___ ___ __ __ _ __ ____ - 20 _ _ _ _
and identified as
project Oxford Commons No. 1, is hereby referred to and made a part hereof; and,
r'-f-53 70
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 one million one hundred forty thousand and
no/100
dollars ($1,140,000.00), for materials furnished or labor thereon of any kind, or for amounts due the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount 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 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.
r
Subdivider's Payment Bond
(Subdivision Agreement)
Page 2
In witness whereof, this instrument has been duly executed by the principal and surety above
named, on December 21 , 20 04
By: **SEE ATTACHED SIG:VATUPE PAGE**
By: **SEE ATTACHED SIGNATURE PAIGE**
Principal
Address of Surety
By.
By:
Sur-= y
Acknowledgment by attorney-in-fact must be attached.
Central Valley Land Company, LLC
SIGNATURE BLOCK
Signature Block for Bond Number 213 70 62 to be attached to and become a part of:
Central Valley Land Company,LLC
a Delaware limited liability company
By: Central Valley Residential Builders,L.P.
A California Limited Partnership
Its: Manager
By: McMillin Management Services,L.P.
a California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
A California c tion
Its: General P ner
By: 4,
Its:
By: /L
Its: 1'�•i�
INSURANCE COMPANY OF THE WEST
By:
ioux Munyon, Att6rney-irgFact
Insurance Company of the West
11455 El Camino Real
San Diego, CA 92130
CADocuments and Settings\JShielly\Local SeningsUemporary Intemet Files\OLM\Oxford Commons Sig Block.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1161)
State of California
San Diego ss.
County of
December 22, 2004 T. Gage, Notary Public
On
before me,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Joe W. Shielly and Don Mitchell
Name(s)of Signet(s)
XXpersonally known to me
0 proved to me on the basis of satisfactory
T GAV evidence
0 commumon#1436975
Nollmy Pubic-Cduomb to be the person(s) whose name(s) is/are
Son Diego Camundfilli, subscribed to the within instrument and
Mill"Comm-ftkftAu930.2W acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ii and that by his/her/their
signatures) 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.
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
Signer's Name:
D Individual Top of thumb here i
0 Corporate Officer Title(s):
7 Partner—L-1 Limited 1--i General
u Attorney-in-Fact
L] Trustee
E Guardian or Conservator
17 Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De SoloAve..P.O.Box 2402•Chal!nPtOrlh,CA91313-2402-"w.nationalnolary.org Prod.No,5907 Reorder:Call Tai i-aoo-i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
San Diego ss.
i. County of
December 22, 2004 T. Gage, Notary Public
On before me,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Joe W. Shielly and Don Mitchell 1,1
Name(s)of Signer(s)
=personally known to me
0 proved to me on the basis of satisfactory
T evidence
Corrmwition#114361115
Notary Public C,000aft
to be the person(s) whose name(s) is/are
Son Diego Cody -
subscribed to the within instrument and
MY Comm.ExpketAug30.204 acknowledged to me that he/she/they executed
the same in his/her/their authorized 3
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. 12
SignatuC Notary Public
ii OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removalandreattachment 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: §
5
Capacity(les) Claimed by Signer
Signer's Name:
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O 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 913132402•viv.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
Bond No: 213 70 62
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
SIOUX MUNYON,ANNE WRIGHT
their true and lawful Attomey(s)-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.
,01A PAN p4?, q, JG INSURANCE COMPANY OF THE WEST
A°0MlEe oAPO�+r�;�O\ (�Z; \Q,j '\ THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
6
COMPANY
oar , a
c�uroasv <.�dyl_—*�•�� °PQM_�/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 CUBE
r. .' COMM,#1321341 AA C.) W
USAN DIEGO COUNTY 0
r tdy 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 tinder authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures:and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
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 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 hull force.
IN WITNESS WHEREOF, I have set my hand this 21St day of December 2004
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 ofAttomey Number,
the above named individual(s)and details of the bond to which the power is attached. For infornration or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On December 21, 2004 before me, Nancy I. Trusso, Notary Public
Date Name and Title of Officer(e.g..-Jane Doe.Notary Public") 'r
personally appeared Sioux Munyon
Name(s)of Signer(s) <<
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,
.r,. NANCY I.TRUSSO ' r
p COMM.#1327166 executed the instrument.
Lu NOTARY PUBLIC-CALIFORNIA p
;.LL
SAN DIEGO COUNTY
f My Comm.Exp.Oct.28,2005 I WITNESS my hand and official seal.
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. r'
Description of Attached Document
Title or Type of Document: Bond
Document Date: Number of Pages:
<1'
Signer(s) Other Than Named Above: '
a
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sioux Munyon Signer's Name:
Individual Individual
Corporate Officer - Corporate Officer
Title(s): Title(s):
Partner— = Limited = General Partner— Limited = General
]x- Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Top or thumb here I _ Other: Top of thumb here
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Signer Is Representing: Signer Is Representing: �S
Insurance Company of the
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