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Home My WebLink AboutPM 2005-05 - Agreement/Covenant - 9/13/2006 ,1 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 0911 Z l 1006,20060191682 NO FEE - Government Code 6103 p CITY of FRESNO u-° Planning and Development Department Z O C) P.W. File No. 5494 W A.P.N: 404-021-28 and 29 4 W J STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN SEWER .CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN FOR PARCEL MAP NO. 2005-05 Statement of Covenants Fee Deferral Parcel Map No. 2005-05 Page 2 RECITALS WHEREAS, SAWHAB INVESTMENTS, LLC, a Delaware Limited Liability Company and EMAMI ENTERPRISES, LLC, a California Limited Liability Company, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property"and more particularly described as follows and by this reference made part of this Statement of Covenants: Parcels A, B, C and D, inclusive, of Parcel Map No. 2005-05 according to the map thereof recorded in Book b of Parcel Maps at Page(s)-,Z570 fi Fresno County Records; and WHEREAS,Covenantor hereby warrants that any and all parties having record title interest in the Subject Property, which may ripen into a fee, have subordinated to this instrument and all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, the conditions of approval of Tentative Parcel Map No. 2005-05 (hereafter, "Project"),require the payment of applicable sewer connection charges,water connection charges, Urban Growth Management fees, Traffic Signal Charge and/or the Millbrook Overlay Sewer fee (hereafter, "Fees") in accordance with the provisions of Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter, "Ordinances and Resolutions"); and WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to defer certain Fee obligations, more particularly identified in the attached Exhibit "A", to the time of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of the Fresno Municipal Code; and WHEREAS,the Covenantor,as a condition of issuance of building permit(s)for the Project Statement of Covenants Fee Deferral Parcel Map No. 2005-05 Page 3 pursuant to the provisions of the latest edition of the Uniform Building Code as adopted by the State of California and as amended by the City of Fresno, including any subsequent extension and expiration of such permit and the re-issuance of a new building permit for any expired permit on any lot or parcel of the Subject Property, desires to defer the payment of the Fee obligations identified in Exhibit "A" pursuant to the requirements of said Section 12-4.604 until such time that the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. COVENANTS, CONDITIONS, AND RESTRICTIONS NOW, THEREFORE, the Covenantor hereby covenants as follows: 1. For the express purpose of administering the fee deferral process, the Fee obligations for the Project may be prorated by the City to each lot, parcel, unit or building on the Subject Property in the manner established by the Planning and Development Director. The intent of this provision is to prorate the Fee obligations of common use areas, outlots, public street easements and similar miscellaneous areas of the Project in a reasonable manner to each lot, parcel, unit or building of the Project to facilitate reasonable administration of the fee deferral process. 2. At the sole discretion of the Planning and Development Director, when the proration of a Fee obligation is not feasible to be administered on a lot, parcel, unit or building basis, the Covenantor may be required to pay the total Fee obligation for such fee for the Project with the first request for issuance of a certificate of occupancy for the Project. 3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot, parcel, unit or building as identified on the attached Exhibit "B", at any time after the recordation of this instrument. The Fee obligations stated in said Exhibit"B"shall be maintained by the Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at the time payment is made,and may be adjusted to account for any subsequently approved reconfiguration to the size Statement of Covenants Fee Deferral Parcel Map No. 2005-05 Page 4 or number of lots, parcels, units or buildings. When Covenantor elects to pay one or more of the deferred Fees in advance of the request for issuance of a Certificate of Occupancy,the full amount of such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. 4. The actual Fee obligations shall be recalculated by the City at the time of payment at the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the fee credits applied in Exhibit"A" to establish Fee obligations shall not be adjusted during the effective term of this Statement. Any additional credits established after the recordation of this instrument shall be reimbursed in the manner established by the section of the Fresno Municipal Code relating to that specific Fee. 5. Additional new fee obligations not listed on Exhibit "A", but in effect at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will be applicable to this Project if such new fee(s) is/are duly established by the City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Planning and Development Director, a request for "temporary utility connection" or a "temporary or safe to occupy" may be made subject to the provision of an additional cash security deposit representing a portion or all of the deferred Fee amounts. 7. Notwithstanding any of the above payment times, the maximum period for deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1) year after final inspection of a building. This time period approximates with the Uniform Building Code and Fresno Municipal Code period which provides for an active permit life of 180 days, after last inspection, with provisions for one (1) extension of said permit, not to exceed a period of 180 days. 8. Covenantor hereby waives any claim that the provisions of this covenant violate Statement of Covenants Fee Deferral Parcel Map No. 2005-05 Page 5 Government Code Section 65961. 9. Each of the covenants, conditions,and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, heirs, representatives,successors and assignees.The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement. 10. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 11. In the event that litigation is instituted to enforce the processing of this covenant,the parties agree that the prevailing party shall be paid reasonable attorney's fees. 12. The conditions and obligations of this Statement,for each lot or parcel of the Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations for such lot or parcel. 13. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on the Subject Property are fully satisfied. 14. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. tttt Statement of Covenants Fee Deferral Parcel Map No. 2005-05 Page 6 DATED: o4�s /ate TT- CITY OF FRESNO, COVENANTOR a Municipal Corporation SAWHAB INVESTMENTS, LLC, a Delaware Limited Liability Company By ic P. vino, Director By. Plannin nd Development Department it ook, Manager EMAMI ENTERPRISES, LLC APPROVED AS TO FORM: a California Limited Liability Company JAMES C. SANCHEZ City Attorney By: mad Emami, Manager By 1,L) . I I x Deputy K:\jonb\Map docs\Parcel Maps\PM 2005-05\PM 2005-05 (Attach Notary Acknowledgment) agmt cov\PM 2005-05 Covenant fee deferral rev01-21-05.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 20 , 2006 before me, RHAELENE WIMBERLY , Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared CINDY COOK Name(s)of Signer(s) ❑ personally known to me X�:] proved to me on the basis of satisfactory evidence to be the person(* whose name(* is/h*subscribed �, to the within instrument and acknowledged to me that RHWIMBERLY Xls/she/t�T�( executed the same in his/her/their Commission n# 1466425 authorized capacity(", and that by ht§/her/" -� Notary Public-CaNfomto signature( on the instrument the person or the Fresno County MYComm.ExpkesJon29,2008 entity upon behalf of which the person1 . acted, executed the instrument. WITN S my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ Generalaimu IN, 11Partner—LlLimited ElGeneral ❑ Attorney in FactElAttorne in Fact Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California L&41�County of ss. No On 6 before me, caiY/shVJG S. kj tel-k-or � t� Date /► Name and Title of Officer(e.g.,"Jane Do tary Public") personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINE S,LINGENFELTER to be the person(s) whose name(s) is/are subscribed COMM.#1380834 rNOTARY PUBLIC,CALIFORNIA ; to the within instrument and acknowledged to me that @My FRESNO COUNTY he/she/they executed the same in his/her/their Comm.Expires Oct.20,2006 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sign re o tary P c 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: 1-1 Individual Ll Individual J Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): L 1 Partner—❑ Limited L; General L1 Partner—' Limited L General 61J10 • RN L I Attorney in Fact Top of thumb ere LI Attorney in Fact Top of thumb Here Ll Trustee CJ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Ll Other: Ll Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as the holder of the beneficial interest in and under those certain deeds of trust recorded in the office of the Fresno County Recorder as follows : DATE OF RECORDING DOCUMENT NO. October 6, 2005 2005-0236543 October 6, 2005 2005-0236546 which Deeds of Trust are by and between Sawhab Investments, LLC, a Delaware Limited Liability Company, as Trustor, and United Security Bank, a California Financial Institution, as Trustee, and United Security Bank, as Beneficiary hereby expressly subordinates said Deeds of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees to the Time of Issuance of Certificate of Occupancy and Creation of Lien for Parcel Map No. 2005-05 . DATED: 2006 United Security Bank, A Califo F'nancial Institution By Rbodlpp Braa SVP[CCO Name Title B y �= Keh Donahue SVP/CFO Name Title ATTACH NOTARY ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 4: S1 10 ss. n On Z��?_(X� , before me, &V61 M YG��(J�Q LA1 PI�1: Date Name and Tiff of Officer e.g.,"Jane Doe,Nota Public") personally appeared ti� 'J,1G/i[�/w�� "e– Name(s) LName(s)of Signer(s) X ersonally known to me ❑ proved to me on the basis of satisfactory evidence CAROL MIRANDA to be the person(s) whose name(s) is/are subscribed Commission 15DA to the within instrument and acknowledged to me that NotaryPublic-California he/she/they executed the same in his/her/their Fresno County authorized capacity(ies), and that by his/her/their amy Comm.Expires Aug 1,2008 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W and official seal. Place Notary Seal Above ESS o i n ture 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ GeneralL1Partner—LlLimited LlGeneral .11010 No I fill 0 M 11 Attorney in Fact • y Top of thumb here ❑ Attorney in Fact Top of thumb here El Trustee LJTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Subordination The undersigned as the holder of the beneficial interest in and under those certain deeds of trust recorded in the office of the Fresno County Recorder as follows: DATE OF RECORDING DOCUMENT NO. July 31,2006 2006-0158154 July 31,2006 2006-0158155 which Deeds of Trust are by and between Emami Enterprises, LLC, a California Limited Liability Company, as Trustor, and United Security Bank, a California Financial Institution, as Beneficiary hereby expressly subordinates said Deeds of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges,Water Connection Charges,Urban Growth Management Fees and Development Fees to the Time of Issuance of Certificate of Occupancy and Creation of Lien for Parcel Map No. 2005-05 DATED: 08/17/ , 2006 United Security Bank, A Califo a inancial Institution By Rhodlee Braa SVP/CCO t` Ken onahue SVP/CFO Attach Notary Acknowledgement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Eno State of California County of SI'10 ss.. On t3 1 before me, 1 flY1 e",4 44W Aux-&kD, t Ogpq .tl I Uul C, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Thor)Le-r- A • '�& A Name(s)of Signers) 'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aid subscribed to the within instrument and acknowledged to me that he/std/thAy executed the same in his/hr/tVr authorized capacity(ies), and that by his/h*/thMr PAMELA KAY ALLEGRO signature(s) on the instrument the person(s), or Commission#1477788 the entity upon behalf of which the person(s) -w Notary Public-California acted, executed the instrument. Fresno County MY Comm.Expires Mar 20,2008 WITNESS my han i al seal. ignat dTNotary Publi 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: SuboulN 0n1 Document Date: IYOT LqTZ_-Q Number of Pages: Signer(s)Other Than Named Above: T) iJ UO f1Z - '/t?FQ - Capacity(ies) Claimed by Signer Signer's Name: --ZhooLte_ A .�12r4A t" ❑ IndividualTop of thumb here 5?r Corporate Officer—Title(s): SVP r'CCp ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: II I Signer Is Representing: l �U ITED 'SEWP-tu�l -r► 1{� ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876{827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT MM State of California ss. County of On 9'17 l o L before me, PAMkA �OTFWW �U ol1 C. Date T,,,,^r- - Name and Title of Officer(e.g.,"Jane Doe,Notary Public") �K Lbw OI' o personally appeared E. Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/apd subscribed to the within instrument and acknowledged to me that he/safe/tfioy executed the same in his/h6r/the4r authorized PAMELA KAY ALLEGRO capacity(ies), and that by his/h)Wthxr Commission#1477788 signature(s) on the instrument the person(s), or -d Notary Public-California the entity upon behalf of which the person(s) Fresno County acted, executed the instrument. My Comm.Expires Mar 20,2008 I E S my han ci I seal. Signatur f 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 L Title or Type of Document:S)boeo ina4 L6Y, Document Date: �bT QPr_ P �D Number of Pages: Signer(s)Other Than Named Above: _4�hoo L&e A- o (A Capacity(ies) Claimed b�y Signer � W l Signer's Name: cl, we. ❑ Individual I Top of thumb here '5(Corporate Officer—Title(s): JV�'l f✓ ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: UnL L--mi :u�061111K 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reorder;Call Toll-Free 1-800-876-6827 Parcel Map No. 2005-05 P.W. File No. 5494 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on D jj n CO& , in the office of the Fresno County Recorder as Document No — of which the Deed of Trust in, by apd be e : h �_ p,�l awarL f�wt i Corn pang CCS /d. and . at. C'�ll�/'�ia G nv eneficia hereby expressly subordinate said Dee of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees to the Time of Issuance of Certificate of Occupancy and Creation of Lien for Parcel Map No. 2005-05. DATED: 46 . BENEFICIARY rn (Beneficiary to print/type document data,names and titles; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ss. 14 On / before me /7 . Date Name and Title of Officer(e.g.,"Jane Doe Notary Public") personally appeared bla&i Name(s)of Signer(s) /personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed H IINE&5RG6M�T to the within instrument and acknowledged to me that COIIf M.013x0he/she/the executed the same in his/her/their NOTARY PLOM•CAy FRESNO COUNTY authorized capacity(ies), and that by his/her/their Comm.Exp.OCT.20,2006 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above A� Signatmeolotary 2Vc 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General linew NO ❑ Partner—❑ Limited ❑ General .109111,10"MITNIN ❑ Attorneyin Fact Top of thumb here ❑ Attorney in Fact Top of thumb here El Trustee ElTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California) County of Fresno) On September 11. 2006, before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Nick P. Yovino. Planning and Development Director , 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 be within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK, CMC By Deputy EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2005-05 Project Zoning: CM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) _ inch Services @ $_/Service = $ N/A B. Meters (flat rate cost basis only) _ inch Meters @ $_/Meter = $ N/A _= inch Meters @ $_/Meter = $ N/A C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A Gross Acres @ $643.00 /ac. _ $ Paid D. Transmission Grid Main Bond Debt Service Charge Gross Acres @ $243.00 /ac. _ $ Paid E. Frontage Fee Lineal Feet @ $ 6.50 /LF = $ Paid F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 10 Living Unit Equivalents @ $ 895.00 / per LUE _ $ 8.950.00 G. The following water connection charges are not deferrable or prorated under the terms of this covenant: 1. Service Connections for common, landscape and other miscellaneous areas, and Time & Materials cost basis 2. Meters for common, landscape and other miscellaneous areas, and Time & Materials cost basis 3. UGM Water Supply Fee 4. Wellhead Treatment Fee 5. Recharge Fee II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES A. UGM Oversize Sewer Charge UGM Reimbursement Area: Square Feet @ $0.05 / Sq. Ft. _ $ Paid B. Lateral Sewer Charge Square Feet @ $0.10 / Sq. Ft. _ $ Paid C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay Net Adj Gross Ac @ $ /NAA = $ N/A Units @ $ /Unit = $ N/A E. The following sewer connection charges are not deferrable under the terms of this covenant: 1. Trunk Sewer Charge 2. Wastewater Facilities Sewer Charge III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 16 Gross Acres @ $ /GA = $ Paid B. UGM Neighborhood Park Fee Service Area: 4 Gross Acres @ $ /GA = $ N/A C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Grantland Gross Acres @ $ /GA = $ Paid D. UGM Major Street Charge Service Area: E-4 Net Adj Acres @ $ /NAA = $ Paid E. UGM Major Street Bridge Charge Service Area: E-4 Net Adj Acres @ $ /NAA = $ Paid F. UGM Grade Separation Charge Service Area: E-4-A Net Adjusted Acres @ $ /NAA = $ N/A G. The following charges are not deferrable under the terms of this covenant: 1. UGM Major Street rights of way acquisition and construction 2. UGM Local Street rights of way acquisition and construction 3. UGM Major Street Bridge rights of way acquisition and construction IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES A. Traffic Signal Charge To be collected at time of development. document:\wp51\deferraApm200"5exhibitA January 77,2006 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS Water 1994 Lot Bond Debt No. Amount Due A $2,685.00 B $3,580.00 C $2,685.00 document:\q\print\h 11-Jan-06