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HomeMy WebLinkAboutPM 2004-25 - Cashier Memo - 12/23/2005 City of rn ..r PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: December 23, 2005 TO: ELIZABETH PONCE, Principal Account Clerk Public Works Department, Engineering Administration FROM: LOUIS ROCHA, Senior Engineering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR FINAL PARCEL MAP NO. 2004-25 ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR FINAL PARCEL MAP NO. 2004-25. 1. Copy of the Subdivision Agreement for Final Parcel Map No. 2004-25. 2. A Richter Farms, Inc. company check in the amount of$622.00 representing total fees and charges due final map as noted of page 2 of 2 of the itemized Exhibit "B" at the rear of subdivision agreement. 3. A Bank of America Bank's Certificate of Deposit(Account No. 11152-00293, 11156-00305, 11157-00281) in the amounts of $ 112,100.00, $ 5,900.00, $ 59,000. Which represents ninety-five, fifty, and five percent Performance Security, as noted on page 1, of Exhibit"A" at the rear of said subdivision agreement. Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 Respectfully Louis Rocha 4' When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street �- Fresno, CA 93721-3603 W O NO FEE-GOVERNMENT CODE 6103 Z V and 27383 O U City of Fresno Public Works Department P.W. File No. 5494-2004-25 SUBDIVISION AGREEMENT PARCEL MAP NO. 200425 Subdivision Agreement Parcel Map No. 2004-25 i Page 2 THIS AGREEMENT is made this l Q41- day of 0 c 0 2005,by and between the City,of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, J. RICHTER, AS TRUSTEE OF THE RICHTER FARMS TRUST, DATED NOVEMBER 1, 1983, hereinafter referred to as"Subdivider" without regard for number or gender. RECITALS A. The Subdivider has filed with the City, a Parcel Map which proposes the subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno, State of California, dividing the real property more particularly described as follows: Parcels A through E, inclusive;of Parcel Map No. 2004-25 as recorded in Book �oJr of Parcel Maps at Page(s)- c2(o t 77 Fresno County Records. S. The City requires, as a condition precedent to the acceptance and approval of said Parcel Map, the approval of the dedication of streets, highways, public places and easements as are delineated on the Parcel Map;and deems such dedications as necessary for the public use; and, requires the construction of improvements of the streets delineated on the Parcel Map. C. Section 12-1206 of the Fresno Municipal Code requires the Subdivider to either construct or enter into an Agreement whereby Subdivider agrees to perform and complete the work and improvements required as Conditions of Approval for Tentative Parcel Map No.2004=25 dated September 13, 2004 issued by the City and any amendments thereto (hereinafter referred to as Conditions of Approval and incorporated into this agreement by this reference), in consideration of the approval of the Parcel Map for recording. Subdivision Agreement Parcel Map No, 2004-25 Page 3 AGREEMENT In consideration of the approval of said Parcel Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and City, and the Subdivider and City do hereby mutually agree as follows: 1. The Subdivider shall perform the work and improvements at the time a permit or other grant of approval for development of the parcel is issued by the City or before one (1) year of the date of this agreement, whichever occurs first, unless prior to this date of performance an extension of time is approved by the Public Works Director. 2. Prior to the commencement of the work, the Subdivider shall submit engineered construction plans to the City Engineer for review and approval. The cost to prepare and process such plans,and the inspection of such work,shall be the responsibility of the Subdivider. The work shall be performed and inspected under a Street Work Permit issued by the Public Works Department pursuant to such approved.construction plans. 3. All of the work and improvements and materials shall be performed, installed, and provided in accordance with 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 the"Public Works Standards,"which are incorporated herein as though set forth in full. All of said work and improvements shall also comply with the requirements of Chapter 12, Articles 10 and 12 of the Fresno Municipal Code. In situations where there are no Public Works Standards for an item of work, it is agreed that such work shall be performed in accordance with the standards and specifications of the State of California, Department of Transportation as determined by the City Engineer. Subdivision Agreement Parcel Map No. 2004-25 Page 4 4. The work and improvements are stipulated in the Conditions of Approval and include the following a. 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. The Subdivider shall construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the parcel map. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 78-522 and shall be approved by the City Engineer. b. 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. C. 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. d. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. e. Set all landmarks, monuments and lot comers required to locate land divisions shown on the Parcel Map. f. The improvements are more particularly itemized in Exhibit A, attached hereto and made a part of this Agreement. 5. Prior to the approval of the Parcel Map by the City, the Subdivider shall furnish to the City the following securities in the amounts itemized in*said Exhibit A. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost Estimate 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. � Is Subdivision Agreement Parcel Map No. 2004-25 Page 5 b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost Estimate 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. 6. Prior to the approval of the Parcel 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 pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of Parcel Map approval. The total fees and charges are more particularly itemized in Exhibit B, attached hereto and made a part of this Agreement. 7. Upon acceptarice of the required work by the City Engineer,a warranty security shall be furnished to or retained by 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. 8. The Subdivider and his contractor and subcontractors shall pay for any materials, provisions, provender, and other supplies or terms 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 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. w Subdivision Agreement Parcel Map No. 2004-25 Page 6 9. 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 personal injuries to and deaths of persons and property damage, 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 and improvements to be done in and upon the street rights-of-way in the subdivision or upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims,demands,costs,liability,loss,damage,howsoever caused,either directly or indirectly made or suffered by the Subdivider,or his agents,employees and subcontractors, in connection with the work.and improvements required by this Agreement. The Subdivider further agrees that the use for any purpose and by any person of any of the streets, work or improvements specified in or required by this Agreement or the Parcel Map, shall be at the sole and exclusive risk of the Subdivider at all times prior to the final acceptance of the work and improvements by the City. 10. Initial compaction and soil tests of street, sewer, and other work within the public right-of-way shall be ordered by and paid for by City. Sewer and utility trench tests shall be taken in varying locations and depths as required by the City Engineer. Compaction tests fai_ 'lino to meet City's requirements shall be recorded by City from the same testing laboratory. Billing for the required retests shall be made directly to the Subdivider or his agent for payment. Compaction test for water facilities installed by City shall be paid for by City. 11. Subdivider shall comply with the provisions of the prevailing Building, Plumbing, Mechanical, Electdcal and Zoning Codes and any other Codes of the City. Subdivision Agreement Parcel Map No. 2004-25 Page 7 12. 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 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. 13. Wheneverthe Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection,may be provided. Any work done in the absence of the City 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 City Engineer and accepted. 14. 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 bonds are released or final acceptance of the work and improvements. 15. 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 until the paving of the streets are completed. "Adequate dust control'as used herein shall mean the sprinkling of the.streets with water or the laying of a dust coat of oil 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 Subdivision Agreement Parcel Map No. 2004-25 Page 8 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 24 hours after such personal service of such notice orwithiri 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 Cityor 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 oiling. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within 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. 16. The Subdivider shall install all street improvements in accordance with Section 12-1206 of the Municipal Code of the City of Fresno, the Public Works Standards, and the approved construction plans. 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. f Subdivision Agreement Parcel Map No.2004-25 Page 9 18. Time is of the essence of this Agreement. The provisions contained in this Agreement are intended by the parties to run with the land, and the same shall bind and inure to the benefit of the parties hereto, their heirs, successors in interest, 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 the City. Subdivision Agreement Parcel Map No.2004-25 Page 10 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation J. RICHTER AS, TRUSTEE OF THE RICHTER DAVID D. HEALEY, Director FARMS TRUST DATED NOVEMBER 1, 1983 Public Works Department By: J AL . t� Michael T. Kim, Assistant Director J.WRichter, —Tftmt;--� �3 Subdivider's Mailing Address: 30872 S. Coast HWY APPROVED AS TO FORM: Laguna Beach, Ca 92651 HILDA CANTO MONTOY City Attoas y By Deputy (Attach Notary Acknowledgments) - City of Fresno Mailing Address: Public Works Director Public Works Department 2600 Fresno Street.- Fresno, CA 93721-3615 State Of � � RIGHT THUMBPRINT(Optional) County of On Jz before me, X [GATE] {NAMEIrITiE OF 0Ff10ER•i,e.' E E,NOTARY PUBLIC'1 i 0 personally appeared S • WAMEISI OF SIGNERIS)) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) ❑CORPORATE 10 'personally known to me -OR- ❑ roved to me on the OFFICERIS) rnTL,Ea) asls of satisfactory - OPARTNERIS) ❑LIMITED evidence to be the OGENERAL person W whose name W ❑ATTORNEY IN FACT Is/a4;,0 subscribed to the OTAUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: Wshelt�tey executed the same - in bWh erAheft authorized capacity{is), SIGNER IS REPRESENTING: and that b 1�7her/t#eir IName of Peraonle)or Entityliea) signature(.s� on the instrument the person. ai, or the entity upon behalf of which the personal acted, executed the instrument. RIGHT THUMBPRINT(Optional) B.RAPPAPORT COMM.# 132,5669 Witness m NOTARY PUBLIC-CALIFORNIA] y hand and official seal. E 2 ORANGE COUNTY j- COMM.EXP.OCT,17,22a5 Qa4 (SEAL) ° 0 (SIGNR NOTARY) CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALIS) OCORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. mnJES) Recording of this document is not required by law and is also optional. It Could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTAUSTEEIS) MUST BE ATTACHED Vii" OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑GTHER: DESCRIBED AT RIGHT: �- Sipner(c)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entityliee) WOLCOTTS FORM 03240 Rev.3.04 Ipriee der 0.2A) 1004 WOLCOTTS FOAMS•INC. ALL PURPOSE ACKNOWLEDGMENT WITH SMNEA CAPACITYfRFFRESENTA'nONITWO FINGERPRINTS ����I�IIII�II VIII I III�� I II 7 +57775 At2t.n e h CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO . ) On October 19,2005, before me,Elvia Sommerville, Deputy City Clerk,personally appeared, Michael 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. W/TNESSmy hand and official City Seal. REBECCA E. XVSCH-.CM.0 CITY CLERlf_-�k'' � —,._';.'; By - Deputy, Urlohrr 1 zoos(10:03..) T' 6 t •Vhe•f A EXHIBIT A Parcel Map Agreement No. 2004-25 A. ESTIMATE OF DESCRfPTION AND COST OF THE WORK AND IMPROVEMENTS ESTIMATED ESTIMATED DESCRIPTION QUANTITY UNIT UNIT COST UNIT `EXTENSION Street Lights(Type E=1) 5 Each $3,000.00 (Each $15,000.00 Sewer Housebranch5 Each $2,500.00 /Each $12,500,00 Concrete Curb& Gutter 925 Lin Ft $10.00 /Lin Ft $9,250.00 Concrete Sidewalk/Approach 8800 Sq Ft $2.00 /Sq Ft $17,600.00 Permanent Pavement 1 Lump Sum $52,500.00 /Each $52,500.00 SUB-TOTAL 106,850.00 10% CONTINGENCY* 11,000.00 FINAL COST ESTIMATE* L $118,000.00 *Amounts rounded to nearest$1000 The work and improvements,quantities and costs are estimates. The actual extent of the work and improvements shall be established by the construction plans approved by the City Engineer. B. IMPROVEMENT SECURITY REQUIREMENTS(due with parcel map agreement) **Amounts rounded to nearest$100 Performance Security (100%of Final Cost Estimate)" 95% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $112,100 1 1 5% of amount shall be in cash or a Certificate of Deposit $5,900 Payment Security (50%of Final Cost Estimate)" 100% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $59,0170 C. WARRANTY SECURITY(due as condition of acceptance of the work)*' 5% of first$50,000 of the Final Cost Estimate $2,500 3% of next$50,000 $1,500 1% of next$400,000 $200 0.5%of amount over$500,000 $0 Minimum Amount $4,200 FORM PM Agreement EXHIBIT A v3-3-00 By:Frank. Date:3-12-2004 Printed 09/16/05 4:38:31 PM Pagel of 1 e_ Cy 7 EXHIBIT B Parcel Map Agreement No. 2004-25 NET AMOUNT AMOUNT A. MISCELLANEOUS FEES 8 CHARGES EXTENSION DUE DEFERRED 1. STREET TREES Commercial(5-gallon)Street Trees @ $30.1}0 per Tree na na(A1) (Al) Street Tree inspection fees will be payable at the lime of development of each parcel unless otherwise determined by Public Works. 1 2.STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(ti) Lum Sum Charge as established by Public Works Director na na 3. IRRIGATION PIPELINE(one-time maintenance fee) F Lineal Feet @ $5.00 per LF na na 4. MONUMENT CHECK FEE Lot&Ctutlots @ $30.00 per Lot �2t10.D0 SD.OD (M€n$200) B. IMPACT FEES, CONSTRUCTION CREDITS&FEES TO BE DEFERRED 10.7782 Gross Acres 8.5742 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 51 LUE(non-resideritial) C-PIER Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES EG FMFCD Drainage Area r _ 0.0723 Acres per FMFCD(Street Right-of-Way) @ $k,64U per Acre 3622-DO lj .7" Local Drainage Fee $622-OD $622.06 2. SEWER CONNECTION CHARGES Sewer connection charges to be paid at time of development. No Sewer Connection Charges due. (a)Trunk Sewer Charge I[Qmclon Trunk Sewer Service Area Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP) as determined by the Department of Public Utilities,Wastewater Division, Environmental Services Section(559-621-5153) (b)Wastewater Facilities Charge Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program(STEP) as determined by the[Department of Publlc Ullllties,Wastewater Division, Environmental Services Section(559-621-5153) e 3. WATER CONNECTION CHARGES Additional services and meters due @ Building Permit;all other Water Connection Charges to be paid at time of development. No Water Connection Charges Due. 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS Urban Growth Management Fees(UGM)to be paid at time of development. No UGM fees due. FORM PM Agreement EXHIBIT B v8114/03 By:Frank Date: Printed 09/08/05 4:57:58 PM Pane 1 of 2 s EXHIBIT B Parcel Map Agreement No. 2004-25 NFT AMOUNT AMOUNT EXTENSION DUE DEFERRED 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS (a TRAFFICSIGNAL CHARGE 0.0000 Sq.Ft.of building space(non-residential) @ aD.O] per Sq.Ft. $0.007(B4) Less Estimated Traffic Signal Charge Construction Creditsy$0 DO Traffic Signal Charge v (1314) To be'paid at time of development LT-0-441-Impact Fees&Charges _$622.00 $62200_ g0^Dp� Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES 8 CHARGES $0 TOTAL(B) IMPACT FEES&CHARGES $622.06 $0.00 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) $522.40 FORM PM Agreement EXHIBIT 8 Y8114103 By:Frank Date: Printed 09/08/05 4:57:58 PM Page 2 of 2 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: Bank of America, Newport Beach Pvt Bnk Certificate/Acct. No: 11156-00305 Deposit Amount: $5,900.00 Maturity Date: 10/03/2006 Depositor: Name: Richter Farms Address: 777 Campus Commons RD Ste 200 Sacramento, Ca 95825-6513 Street City/state Zip Job Address: Parcel Map 2004-25 Received By: Rose Saldivar, Public Works Engineering Date: December 26, 2005 Authorization to Release Signature Date Release To: Name: Address: Street City/State ZIP FINANCE tJSE*ONLY �:- Released;;By; Named `" '". =.�•__ -— ,,.... D Type of Release. Mailed - Hand Delivered _ - Date _z r# a�#_ _•_Q�Eu: _ acknowledge receipt.-of the:above referenced.insfru ,'Signature: Date = - Bankof America 'rte Investment CD Receipt BANKING CENTER NEWPORT BEACH PVT BA]IZ No. 1115 DATE 10/03/2005 CUSTOMERNAME RIOTER FARMS ASSIGNED INTEREST RATE 1.78% TO CITY OF FRESNO ANNUAL PERCENTAGE YIELD 1.8090 $AMOUNT 5, )-00 _ FOR BONDING PURPOSES ONLY ACCOUNTTERM 12 M PLEDGED TO CITY OF FRESNO MATURITY DATE 10/037200; ACCOUNT# 11156 x0305 AL,rHOR17 D SIG' RE The written information we gA you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable. 05-16-2576B 05-2002 NOT NEGOTIABLE RagdedPaper Bank ofAmaimN.A.•MamberFDIC r f I[ 1 i 09-30-'05 11:52 FROM-COMMERCIAL WEST 1-559-490-3610 T-896 P002/003 F-886 Account Number: 11156-00305--1 Security Amount: (Subdivision Agreement) SECURITY FOR_ hereinafte r called ASSIGNOR, whose principal place of business is rA Street C State Zlp Cade do (does) hereby assign, and set over to the City. of Fresno•of the-State-of California, all right, title, and interest of whatever nature of assignor,-In and t �de ' nt of assignor in the evidenced byC `�in the amount of$� y number �t[ C lwn7aSwhich is to be City of Fresno herewn Assignor agrees that this assignment carries with it the right in the insurance ofthe 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 anytime WITHOUT NO TICS To ASSIGNOR. This assignment is iveri as security for liability for including interest and penalties, and to insure compliance with the applicable code or ordinances of (he City of Fresno, State of California. Assignor hereby n ifies the above-named Bank of this ssignment. Dated this r` — � day of N e fitle of Assignor RECEIPT :FFR.-Nb�'1t�=�F Ita - Receipt is hereby acknowledged to the City of Fresno of the State of California of written nOticeof the assignment to the-City of the accountidentified above. We have noted nt in our records the City's interest in the accouas shown by the above assignment and have retained a copy of this sheet- We Gertify that this account is fully insured by the Federal Deposit Insurance Gorporation 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 Fresnoupon request in accordance with the Commercial Flanking laws applicable to the institution. Dated this 3rd day of October 20 05 Bank of America Newport Beach PB #11.1.5 Bank Name — Branch Location City State By E.Kevorkian ;VP _&a4AV� Name Tale of Officer 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: Bank of America, Newport Beach Pvt Bnk Certificate/Acct. No: 11152-00293 Deposit Amount: $112,100.00 Maturity Date: 10/03/2006 Depositor: Name: Richter Farms Address: 777 Campus Commons RD Ste 200 Sacramento, Ca 95825-6513 Street City/State Zip Job Address: Parcel Map 2004-25 Received By: Rose Saldivar, Public Works Engineering Date: December 26, 2005 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip -- -_ USE ONFINNCE HID . _ Type-of, le-'a e Date I acknowledge receipt of theaba ire ereric ',ins me Signature: ❑ _ 37 Comments: _- Bank ofAmerica �f—� Investment CD Receipt BANKING CENTER NEWPORT BEACH PVT BNK No. 1115 DATE 10/0312005 CUSTOMER NAME RICHTER FARMS ASSIGNED INTEREST RATE 1.93% W CITY OF FRESNO ANNUAL PERCENTAGE YIELD 1.95% $AMOUNT 1x12 100.00 FOR BONDING PURPOSES ONLY ACCOUNT TERM 12 M PLEDGED TO CITY OF FRESNO MATURITY DATE 10 03 2006 ACCOUNT# 11152_ — 00293 ED SIGNATURE The written information a give you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable. 05-16-2576B 05-2002 NOT NEGOTIABLE Racya.a PWW Bank ofAmerica,N.A.•Member FDIC JtlU JV -J I/-L I V J Wlf lyb. y4�'+��VV JJ P 09-30-'05 11:52 FROM-COMMERCIAL WEST 1-559-490-3610 T-896 P002/003 F-886 LAccount Number: 1115�2:�0:029�' Security Amount: 112 ASSIGNMERT: (Subdivision Agreement) SECURITY FOR: 1C � hereinafter called ASSIGNOR, whose principal place of business is Street CRy State Zip Code do (does) hereby assign, and set over to the City of Fresne of the-state-of California, all right, title, and in rest of-w atever nature, of assignor,.ln and to the insured ac int of assignor in the b J 2. evidenced by in the amount of$ 112h f� ,a number 11(52 -r)n243which is to be delivered to t a City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the 1=ederat 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 WITHOUTMOTICE C AS 1GNOR. This assignment is givenas se rity for liab�lit for f a - ]c� - S" , including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. Dated this_ day of [_ 20 0 r • me t le of Ass' nor REC1-1PT :P0'R.:N0-T_1" I� .i:�:_._,:s:'_ _ 'x'�r,: - "}•:`.;mss-;s::�l��_:;:; Receipt is hereby acknowledged to the City of Fresno of the State of Catifofnla of written notice of the assignment to the City of the account identified above- WG have noted in our records the City's interest in the account as shown.y 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 3rd day of October , 20 05 Bank of America Newport Beach PB #1115 Bank Name Branch Location City State By E.Kevorkian ;VP f"� Name Title of Officer 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: Bank of America, Newport Beach Pvt Bnk Certificate/Acct. No: 11157-00281 Deposit Amount: $59,000.00 Maturity Date: 10/03/2006 Depositor: Name: Richter Farms Address: 777 Campus Commons RD Ste 200 Sacramento, Ca 95825-6513 Street City/State Zip Job Address: Parcel Map 2004-25 Received By: Rose Saldivar, Public Works Engineering Date: December 26, 2005 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip -_ FINANCE USE DN -:Date !RIas�d,6y: - Name=-, z r= _ - ate .Type of Release: ;I acknowledge receipt of the abaVe-referericed testi- merip:" Signature: - Date - Bankof America 'l Investment CD Receipt BANKING CENTER NZPORT BEACH F Ti' BNK No- 115 DATE 10,/03/2005 CUSTOMER NAME RIC1-PTER FARMS ASSIGNED INTEREST RATE 1.937. TO CITY OF FRESNO ANNUAL PERCENTAGE YIELD 1.950 $AMOUNT 59 000.W FOR BONDING PURPOSES ONLY ACCOUNTTERM 12 M PLEDGED TO CITY OF FRESNO MATURITY DATE 10 03 2006 ACCOUNT# 11157 - W281 AL11710RIM 51ATURE The written information we give you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account tern upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terns of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable. 05-16-2576B 05-2002 NOT NEGOTIABLE R-yded Paper Bank of America,NA.•Member FDIC I i F i I E l JU .JJ v_ L i:J `:'/:'%y`, J454�JUU;JJ P. 09-30-'05 11:52 FROM-CCMPIERCIAL WEST 1-559-490-3610 7-896 P002/003 F-886 I Accounr Number: 1.1157-00281 Security Amours: $59100-.00 ASSIGNMENT,:: . (Subdivision Agreement) SECURITY FOR-� �` � hereinafter called ASSIGNOR, whose principal lace of business is Street _s6te 2tp Code do (does) hereby assign, and set over to the City of Fresno-of the-State-of California, all right, title, and ince st f w tever nature, of assignor,.In and to t e i sure ccau t of assignor in the _ a �in[rt�� evidenced by r the amount of$ ' number It -)-06355 i1 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WITHOUT NOCF T17 AS5IGNt3R. This a signment is givers as set forligWlitXfor including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of Califomia. Assignor hereby n¢titles the above-named Bank of thi assigrunent. Dated this �o' day of . , 2005 W e&tide of Assi nor - HECEI,FT FOR, N�]st3CE OF�i flS M. -' - 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 3rd day of__ October _, Zp 05 Bank of America Newport Beach PB #1115 Bank Name Branch Location City State gy E.Mvorkian •VP Namb Title of Officer .. 1 TERRY ROSS FLETCHER 11-204/1210 051356 2132 TE TAL ACCOUNTIBSON C-) - ! • FjENTAL ACCOUNT SP3 DECATUR AVE. DATE DV1S, CA 93611 jPAY TO ME—ORDER OF - C flw ��LQ] DOLLARS 8 WE— C' CALrr,,o u BANK TRUST Tetra NORTH PALM—Nl 0"F yAwSMNCO/yR P�Mrf�1AYF,FRESNO.CAIIFOMIIA9]791 MEMO V W� ���Z� _ --___— -- NIP I: 1 2 100 204 21: 2 1 3 2111 1 3800 5 1 3 5611' 126 CORE GUZMAN-MORALES 5947 E RAMONA 90-7118/3211 974 FRESNO,CA 93727 040024899425 i DATE FAY III r ORDER aC c ��y�{J / r' I.LARS c tibank' GMSMKiWESI FS8 BRr974 5515 E KMOS CANYON RD H; FRESNO.CA93721 l NP FOR 1: 3 2 1 17 1 1841: 0400 248994 2 511' 0 1 26 �reiax o soy. — — RICHTER FARMS 2 j OPERATIONS 777 CAMPUS COMMONS RD STE 200 !/ 16-66/1220 SACRAMENTO,CA 96826-6613 Date J 1115 Pay.to. Dollars [} Bank of AmericaC �. F > 1.ssfort�+er The Prlyate Bank•Newport Beach#1115 ] ❑ Y,` 500 NOWPOrl Center DrIVe,SWIle3�3 � - _ c� SOIi -. `3'i.`i w 1: 12 200066 0:0 2 16��� 1`1 1'5t wD 3 2 6 ' 0 0 0 0 0 0 0 o g a 0 0 0 0 0 0 0 G c N N f� n a o � E* moi W > > arcs o 0 h r N �pppy U w °z A w °z A zrAo a a a y � C m x F o a LL a O v � � W ao `— D z 'a ej F N � f0 U o� N %o 10 10 �o %o �o 10 t o 0 0 0 0 8 0 N U q N N N N N N N N O CL Z C_4Q 0 0 c`3 0 0 0 C14 C4 N co N y 000 000 000 000 w CO) N m O D LL. V) U w 0 0. 010 o 0 0 IA o o m e Ta C G r O t N N 0 0 0 0 0 V N N T McNn N 0 0 0 0