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T-5396 - Agreement/Covenant - 8/2/2005 (2)
G ' City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10762 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5396, PHASE 3 OF VESTING TENTATIVE MAP NO. 5247/UGM x a � Subdivision Agreement Tract No. 5396 Page 2 THIS AGREEMENT is made this dayof S uvAL ,2005, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and GRANTLAND AVENUE L.L.C.,a California Limited Liability Company, 1396 West Herndon Avenue, Suite 101, Fresno, California, 93711, hereinafter designated and called the "Subdivider," without regard for number or Gender. RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City known and described as Tract No. 5396 (hereinafter referred to as the "Final Map" and incorporated into this agreement by this reference) and has requested the City to accept the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and to otherwise approve the Final Map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of the Final Map, the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map,and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Vesting Tentative Map No. 5247/UGM dated June 6, 2004 issued by the City and any amendments thereto (hereinafter referred to as "Conditions of Approval" and incorporated into this agreement by this reference), hereinafter set 4 ' Subdivision Agreement Tract No. 5396 Page 3 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 - 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 Subdivider's attention is particularly called to Part lll, Article 9 of UFC relating to Fire Department access and water supply. No building i Subdivision Agreement Tract No. 5396 Page 4 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 from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as "Public Works Standards") at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Subdivision Agreement Tract No. 5396 Page 5 Pursuant to Section 66.497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground serviced street light system as approved by the City Engineer prior to final acceptance of the subdivision. Height,type,spacing,etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable charges shall apply. 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. Anytemporary 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. p Subdivision Agreement Tract No. 5396 Page 6 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 improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect,certified irrigation designerorother persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director, except that for improvements to be maintained by the City's Community Facilities District No: 2 (CFD-2),.such improvement plans shall be approved by the City Engineer. The Subdivider has elected to satisfy Subdivider's maintenance obligation of such improvements by annexing the Subdivision into CFD-2 and shall maintain such improvements until such time as the City Engineer determines that CFD-2 is responsible for such maintenance thereafter. Additionally Subdivider shall_provide each prospective purchaser, a "Notice of Special Tax" in accordance with the provisions of Section 53341.5 of the California Government Code and the Statement of Covenants Affecting Land Development for the Maintenance of Landscaping and Irrigation System forTract No.5396, Phase 3 of Vesting Tentative Map No. 5247 recorded as Document No. on , Fresno County Records and incorporated into this agreement by this reference. (City.Clerk to insert recording information) j. Perform and construct all work shown on the following construction plans and any amendments thereto i. City Drawing Nos: [10-C-8925 through 10-C-8928(4 sheets) inclusive, 15-C-12583 through,15-C-12587 (5 sheets) inclusive, Drawing No. 4-C- 840 (1 sheet) inclusive], unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal . Code in .accordance with the Public Works Standards and the construction plans. k. Prior to approval of the Final Map by the City,the Subdivider shall pay to the City and /or execute a covenant to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due as a condition of Final Map approval. The total fees and charges are more particularly itemized and made a part of this agreement.in the attached Exhibit "B." I: In connection with assigning figures set forth in Exhibits"A"and"B,"the City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of i Y ' Subdivision Agreement Tract No. 5396 Page 7 construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any Public Works Standards for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer. 5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final Cost Estimated to be conditioned upon the faithful performance of this Agreement. i. 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said Subdivision Agreement Tract No. 5396 Page 8 improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. Any and all other improvement security as required by Section 12-1016 of the Fresno Municipal Code. 6. On acceptance of the required work by the City Engineer, a warranty security shall be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. . 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether such land be privately or publicly owned. 8. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and S Subdivision Agreement Tract No. 5396 Page 9 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 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. 4 ck Subdivision Agreement Tract No. 5396 Page 10 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an a Subdivision Agreement Tract No. 5396 Page 11 approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at anytime 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. 5396 Page 12 18. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of City. p, t 7 t Subdivision Agreement Tract No. 5396 Page 13 CITY OF FRESNO, OWNER: a Municipal Corporation GRANTLAND AVENUE L.L.C., a California DAVID D. HEALEY, Director Limited Liability Company Public Works Department By: !tNVIEMES, Inc., a California Man ge Michael T. Kirn, Assistant Director Farid Assemi, President ATTEST: (Attach Notary Acknowledgment) REBECCA.E^ KLISCH,_GM_C, CITY CLERK _ o By: -,Deputy, (('110 I V S7� APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of rTe.,5� On tp , 24D , before me, /57�i- -L4 "IVV Date I Name and Tdle o Officer(e.g.,Fiane Do ,Notary Public l_ personally appeared Faf- ee , Name(s)of Signer(s) t(personally known to me C proved to me on the basis of satisfactory evidence _ _ _ to be the person(s) whose name(s) is/are subscribed CN117M6.'LOPE' to the within instrument and acknowledged to me that CanurdillMon#t 1552075 he/she/they executed the same in his/her/their Z :=: Pulte-Ca�u - authorized capacity(ies), and that by his/her/their �1OC� signature(s) on the instrument the person(s), or the C'O12 20091 LiEwov- 1111111111INWE" entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Nota6 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(lies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ GeneralW&MIII ElPartner=11Limited ❑ General ❑ Attorneyin Fact ' ❑ Attorney in Fact El Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ 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 1-600.876-6827 EXHIBIT A Subdivision Agreement for Tract 5396 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $22,514 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $47,935 Street Construction Cost Estimate $276,191 Final Cost Estimate (for Inspection Fee purposes) 346,64011 114 Landmarks, Monuments, Lot& Block Corners ($50/ea) �— $5,700 Sub-Total (for bonding purposes) $352,340 Construction Contingency(10%) $35,234 TOTAL COST ESTIMATE* (for improvement securities purposes) $387,574 $388,000 * 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 $369,000 5% of amount shall be in cash or a Certificate of Deposit $19,000 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 $194,000 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 $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 $3,000 0.5% of amount over$500,000 $0 Minimum amount $8,000 EXHIBIT A v4/28/00 Prepared By: Frank Date: 05/24/05 Print Date:05/24/05 3:51:56 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5396 NET AMOUNT AMOUNT A. MISCELLANEOUS FEES&CHARGES EXTENSION DUE DEFERRED 1. INSPECTION FEE $346,640 Final Cost Estimate>$10K<$5001< $15,776.80 ($4836+3.25%of amount over$1 OK) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $6 801.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee 8,975.80 $8,975.80 2. MONUMENT CHECK FEE 47 Lots and Outlots @ $30.00 per Lot 1,410.00 $1,410.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set $865.00 $865.00 ®Warning/Regulatory signs @ $77.00 sign $308.00 $308.00 4. STREET TREES 49 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $1,470.00 $1,470.00 OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& replacement of Stamped Concrete Paving @ $20.00 per SF na na 6. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na nal 7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 47 Lots(anticipated maintenance cost) @ $297.12 per Lot $13,964.64 Incidental expenses: legal fees,publications,mailings, Lum Sum engineering,assessment district.proceedings $3,500.00 Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00 Public Works Total $17,769.64 $17,769:64 $1 086.00 Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) 00 Lineal Feet @ $5.00 per LF na nal TOTAL MISCELLANEOUS FEES&CHARGES $30,798.44 $30,798.44 EXHIBIT B v11/01/01 Printed 05/24/05 3:51:47 PM Page 1 of 4 y EXHIBIT B Subdivision Agreement for T- 5396 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 10.9610 Gross Acres 10.4478 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 47 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES EM FMFCD Drainage Area 10.9615 Acres per FMFCD @ $6,480 per Acre $71,031.00 Local Drainage Fee 71,031.00 $0.00 (61) (131)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge 0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF (b)Oversize Sewer Charge 19 UGM Reimbursement Area Frontage:IN.Bryan Avenue 55,200 SF Total Square Feet 55,200 SF 55,200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $2 760.00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 2 760.00 $0.00 $2,760.00 (c)Trunk Sewer Charge Grantland Trunk Sewer Service Area 471 Units @ $419.00 per Unit 11 19,693.00 $19,693.00 (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_Ser acity Enhancement Charge Grantland Trunk Sewer Service Area 471 Units @ $0.00 per Unit 0.00 $0.00 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2004 1106 Estimate Number 50131 Water Job Number Estimated Deposit(FMC 14-111-f) 7,000.00 $0.001(133) (83) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 47 1"Meters to existing services @ $330.00 each 15,510.00 $0.00 $15,510.00 (b2)Landsca a Service Connection Charges @ 1 2"Meters to existingservices $530.00 each 530.00 $530.00 r" EXHIBIT B v11/01/01 Printed 05/24/05 3:51:47 PM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5396 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (c)Frontage Char e ,Frontage: N.Bryan Avenue 552 LF Sub-Total Lineal Feet(full rate) 552 LF 552 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $3,588.00 Less estimated Frontage Charge Credits $0.00 Frontage Charge11 3,588.00 $0.00 $3,588.00 (d)Transmission Grid Main Charge B UGM Reimbursement Area 10.9610 Gross Acres @ $643.00 per Gr Acre $7,047.92 Less Estimated TGM Construction Credits $0.00 Transmission Grid Main Charge 7 47.921 1 $0.00 $7,047.92 (e)Transmission Grid Main Bond Debt Service Charge 10.9610 Gross Acres @ $243.00 per Gr Acre $2 663.52 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge 663.52 $0.00 $2,663.52 (fLqgM Water Supply Fee 201-S Supply Well Service Area 471 Living Units(residential) @ $407.00 per Unit $19,129.00 Less Estimated UGM Water Supply Fee Construction Credits $0.00 UGM Water Supply Fee 19,129.00 $19,129.00 ( Well Head Treatment Fee Well Head Treatment Service Area 47 Living Units(residential) @ $0.00 per Unit $0.00 ft Recharge Fee 0 Recharge Service Area 47 Living Units(residential) @ $OAO per Unit (i)1994 Bond Debt Service Fee 1994 Bond Debt Service Fee Service Area 47 Living Units(residential) @ $0.00 per Unit 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 17 Fire Station Service Area 10.9610 Gross Acres @ $807.00 per Gr Acre $8,845.53 $0.00 $8,845.53 (b)UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 10.96101 Gross Acres @ $1,783.00 per Gr Acre $19,543.461 $0.00 $19,543.46 (c)UGM MAJOR STREET CHARGE E-4 Major Street Zone 10.4478 Adjusted Gross Acres @ $3,531.00 per AG Ac $36,891:18 Less Estimated Major Street Charge Construction Credits $0.00 Major Street Charge 36 891.18 $0.00 $36,891.18 EXHIBIT B 01101101 Printed 05/24/05 3:51:47 PM Page 3 of 4 AA � p�41 EXHIBIT B Subdivision Agreement for T- 5396 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (d)UGM MAJOR STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 10.4478 Adjusted Gross Acres @ $196.00 per AG Ac $2 047.77 Less Estimated Major Street Bridge Charge Construction Credits $0.00 Major Street Bridge Charge 2,047.77 $0.001 1 $2,047.77 (e)UGM GRADE SEPARATION CHARGE E-4-A Grade Separation Service Area 10.4478 Adjusted Gross Acres @ $0.00,per AG Ac na ( UGM TRUNK SEWER FEE Grantland Trunk Sewer Service Area 10.4478 Adjusted Gross Acres @ $0.00 per AG Ac na 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS (a)TRAFFIC SIGNAL CHARGE 47 Living Units(residential) @ $414.69 per Unit $19,490.43 Less Estimated Traffic Signal Charge Construction Credits. Traffic Signal Charge $19 490.43 $0.001 $19,490.43 Total Impact Fees&Charges $216,280.38 $39,352.00 $118,387.81 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $30,798.44 TOTAL(B) IMPACT FEES&CHARGES $39,352.00 $118,387.81 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $70,150.44 EXHIBIT B v11/01/01 Printed 05/24/05 3:51:47 PM Page 4 of 4 J z, Bond Number: 5679255 Premium: Included in perf bon SUBDIVIDER'S 'PAYMENT BOND ' (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and GRANTLAND AVENUE LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements; which said agreement, dated 20 051 and identified as project TRACT NO. 5396 is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Fresno and all contractors,,subcontractors, laborers,. material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED NINETY FOUR THOUSAND- dollars ($ 194, 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 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. . Subdivider's Payment Bond (Subdivision Agreement) Page 2 In witness whereof, this instrument has been dul executed by the principal and surety above named, on JUNE 7 20 GRANTLAND AVENUE LLC GreAAlvvi yes lNc. plh By: By: Principal Address of Surety P.O. BOX 19725 DEVELOPERS SU TY AND INDEMNITY COMPAN IRVINE, CA 92623 By: By: V717 L B AT RNEY-IN-FACT Surety Acknowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/2001 ir- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of jW,55N0 On c,�GGNE 7 SUS" before me, TJ���+'/CJ/�- �' /l9A•E'-yyi�L� Date Name and Tille of Officer(e.g..'J@ne Doe,Notary Public) personally appeared //.Z Names)of Signer(s) personally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are TIFFANIE A..MARSHALL subscribed to the within instrument and COMM. #1433485 acknowledged to me that he/she/they executed F� NOTARY PUBLIC•CALIFORNIA the same in his/her/their authorized FRESNO COUNTY capacity(ies), and that by his/her/their @My Comm.Expires Aug.4,2007 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. Signature or 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: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited O General O Attorney-in-Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association°9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.netionalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On June 7, 2005 before me, Cynthia Sauceda, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Wayne Lamb 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 f_ acknowledged to me that he/she/they executed the same in .c'bE�:'itNfd,' CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by .his/her/their COMM. #1474102 signature(s) on the instrument the person(s), or the entity upon NOTA PUBLIC-CALIFORNIA sr behalf behalf of which the person(s) acted, executed the instrument. e FRESNO COUNTY `+�.oan° My Comm.Exp.March 2,200B V WI ESS my h nd and offici seal. r 4 ao1 e of No ary ublic ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator INS ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 POWER OF ATTORNEY FOR : DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith,jointly or severally*** as their true and lawful Attorncy(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted.by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairnian of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of February,2005. .�puiuug4p BYC_�_�'= tv AND/Qi D�pPANYO� David H.Rhodes,Executive Vice-President .`JQ`� RPDRA �E .,� OPPORq�G� 40 0 ?�:Z ti 6 sa g` =Or: OCT. I<= � = )CT.5 � o ?6% 10Ems; u., 1967 Q 1936 Walter A.Crowell,Secretary �7�� /pyyp ,.aa� /FOAL\ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE, ) On February 1,2005,before me,Nita G.Hi ffineyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known.to me(or proved to me on the basis of satisfactory evidence)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. — NITA G.HIFFMEYER w COMM.# CALIFORNIA MOTOR ORANGE CALIFOo Signature W ��7/� _ � ORANGE COUNTY N My comm.expires Jan,10,2009 t CERTIFICATE The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 7TH day of JUNE 2005 Y David L.Kerrigan,Executive Vice-President ID-1380(Rev:2/05) 4G`�G 31 C�OMp DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act,and the effect, if any, the Act will have on the premium charged for this bond. . Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism,as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond,nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.InscoDico.com ID-1498(Rev.5/03) Bond Number 567925S Premium: $3, 321 . 00 FAITHFUL PERFORMANCE BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno., State of California, and GRANTLAND AVENUE LLC (herein designated as"principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 20 05 and identified as project TRACT No. 5396 , is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms,of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and WA9A4P5 SURETY AND INDEMNITY as surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City".), in the penal sum Of THREE HUNDRED SIXTY NINE THOUSAND--- dollars ($ 369,000.00 ) 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 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. a Faithful Performance Bond (Subdivision Agreement) Page,2 In witness whereof,this instrument has been duly executed by the principal and surety above named, on JUNE 7 20 05 GRANTLAND AVENUE LLC By-�GtfL /✓/t-� C ,�j..�:�5', i�vG tF+Vf�sr-Z)P By: Principal Address Of Surety DEVELOPERS SURE'T'Y AND INDEMNITY COMPANY P.O. BOX 19725 By: IRVINE, CA 92623 B+AYL A -IN-FACT Surety Acknowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/2001 d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ri2�S/V 0 On aiZA E 7 -I-AaS_ before me, AIR19W— f ate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared DE�EK H• -7��SMZ Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence TIFFANIE A. MARSHALL to.be the person(s) whose name(s) is/are COMM. #1433485 subscribed to the within instrument and ' NOTARY PUBLIC-CALIFORNIA acknowledged tome that he/she/they executed FRESNO COUNTY the same in his/her/their authorized - My Comm.Expires Aug.4,26D7 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. 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: ❑ individual Top of thumb here O Corporate Officer—Title(s): D Partner—O Limited ❑General O Attorney-in-Fact ❑ Trustee D Guardian or Conservator 0 Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nalionalnotary.org Prod._No.5907 Reorder.Call Toll-Free.1-800-876-6827 _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT `s State of CALIFORNIA County of FRESNO On June 7, 2005 before me, Cynthia Sauceda, Notary Public , Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Wayne Lamb Name(s)of Signers) ® 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 �'- CYNTHIA his/her/their authorized capacity(ies), and that by his/her/their tPI A!fNf SI�UCEOA ii COMM.#1474102 signature(s) on the instrument the person(s), or the entity upon NOTARY PUBLIC-CALIFORNIA W behalf of which the person(s) acted, executed the instrument. Q�> FRESNO COUNTY Q °4�,�oa•o 'My Comm.Exp,March 2,2008 ? N ESS my hand and ficial seal. �I a l signature of Notary P blic -------------------------------------- -OPTIONAL---------------------------------------- Though the information below is not required by law,if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-.❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator � fj W&I M1 i 14 ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 e POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute'and appoint: ***Wayne Lamb, Mark E Smith, Cynthia Sauceda, Donna M. Smith,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary;requisite or proper to be done in connection therewith as each of said corporations'could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such . Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation.when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF"DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attestcd by their respective Secretary this 1 st day of February,2005. By' AND,....`. O�PAN Y O.c� David H.Rhodes,Executive Vice-President Q..��RPORgr o•. �G pRPOgq�,� OCT.5 ., o- 10 n W 1967 By; .o, 1936 Walter A.Crowell,Secretary 's`�7 /Oyyp 'da �/FO�� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before me,Nita G.Hiffnteyer,personally appeared David H.Rhodes and Walter A.Crowell,personally.known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the saine 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. +ate NITA G.HIFFMEYER iA4(22�� c• COMM.LI 1543481 ALIFORNOTARY PUBLIC CALIFORNIASignatureORANGE COUNTY ro My comm.expires Jan.10,2009 t CERTIFICATE The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,.California,the 7TH' day.of JUNE. 2005 . ..a BY David L.Kerrigan,Executive Vice-President 380(Rev.2/051.. j� AUTOMATICALLY RENEWABLE CALIFORNIA BANK V Taysr TRUST V ISSUED AT MI 134 - OFFICE�._ DATE t Fi. _. . . ICITY OR TOWN); - .:(S ATE) - W GrintlaW Avenue LIC A The City of T,5_n6 Ferf Sm 9 U (CUSTOMER NAME) (CUSTOMER NUMBER) F Nineteen'Thousand Dollars H DOLLARS $1900 *00 C C j HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO - Q fp AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OfF E. R ORDER UPON MATURITY n f' THE MATURITY OF THIS CERTIFICATE WILL BE � AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS F F�.1 UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATE -ON ITS Z RECORDS OF BANK'S ELECTION TO PAY.THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR(B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY ENDED s. 0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. t A SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE Of %PER ANNUM ? FROM DATE HEREOF UNTIL ULTIMATE MATURITY,ASLABOVE PROVIDED,AND'SUCH WILL BE j PAID OR CREDITED AT EACH SOCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN A r �= INSTRUCTIONS OF THE PAYEE'OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. �••� THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE TO THE EXTENT :' r NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. is - - AUTHORIZED SIGNATURE -rodeYsaws 1340014003 Account Number: SecurityAmount: $19t000.00 ASSIGNMENT (Subdivision Agreement) SECURITY FOR: Grantland Avenue,LLC Hereinafter called ASSIGNOR, whose principal place of business is 1396 W. Herndon#101 Fresno CA 93711 - do(does)hereby assign, and set over to the City of Fresno of the State of California,all right, title,and interest of whatever nature,of assignor,in and to the insured account of assignor in the CITY OF FRESNO,evidenced by CERTIFICATE OF DEPOSIT in the amount of $19,000.00 number 1340014003 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem,collect, and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for T5396 Performance Securi!y - 1 year including interest and penalties,and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above named Bank of the assignment. Dated this. 7th day of June 12005 Granville Homes.Inc. AWA-r sI-rr- 11C Derek Hayashi,Member RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance,hold,claim or obligation of the above identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this 7Th day of June ,2005 California Bank & Trust 7060. N Fresno St Fresno Ca 93720 Bank Name Branch Location City State By Na Title of Officer