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HomeMy WebLinkAboutT-5007 - Agreement/Covenant - 8/15/2006 (2) �. Recording Requested by: City of Fresno No Fee-Govt.. Code Sections 6103 and 27383 W When Recorded, Mail To: 10/02/2002 20020173100 CCity Clerk © City of Fresno C".1 2600 Fresno Street V Fresno, CA 93721-3623 ABOVE':SPAC :FOR RECORDER`S US; ' J111LY.. .. .... .:_:' APN: 568-020-69 Planning and Development Department Project ID: Final Tract No. 5007 Building & Safety Services Division Phase I of Vesting T. Tr. 5007 CITY of FRESNO 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 RECITALS A. WHEREAS, DEYOUNG COMMUNITIES, INC., a California Corporation, 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: Lots 1 through 223, inclusive, of Final Tract Map No. 5007, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 10/02/2002 , 200 in Volume ULe , of Plats at Pages Uy LI'IS1tAk (o$ , Fresno County Records.; and B. 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 2 C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 5007 (hereafter, 'Project"), require the payment of applicable sewer connection charges, water connection charges, Urban Growth Management fees 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 D. 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 E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s)for the Project 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. NOW, THEREFORE, the Covenantor hereby covenants as follows: i Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 3 COVENANTS, CONDITIONS, AND RESTRICTIONS 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 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 4 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. 6. 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 5 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 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. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 6 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. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5007/UGM Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation DEYOUNG COMMUNITIES, INC. a California Corporation By Yovino, Director P nning and Development Department By: -Teff- DeY u g, President APPROVED AS TO FORM: HILDA CANTU MONTOY City Attorn By: Depu y (Covenantor: Attach Notary Acknowledgments) STATE OF CALIFORNIA, COUNTY OF Fresno S.S. On August 30, 2002 , before me, Anna M. Rema a Notary Public in and for said County and State, personally appeared Jerry A. DeYoung personally known to me ( FOR NOTARY SEAL OR STAMP to be the person(s) whose name(y) is4F&subscribed to the within instrument and acknowledged to me that 6��n��.rM1f hefeheli{�y executed the same in his/her/tFreir .- �� s ANNA M. RENNA authorized capacity(ies), and that by his/liei#liteir CC g ® NOTARY UBLIC2311 FORNIA W signature($) on the instrument the person(l), or m '° PRINCIPAL OFFICE IN 33 FRESNO COUNTY the entity upon behalf of which the person( MY Commission Exp.Aug.30,2003 acted, executed the instrument. WI ESS my i al Sign ure STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Signature TE 180 Legal(2-94) This form is furnished by Chicago Title Company CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On a7 , 2002 before me, Elvia Sommerville, Deputy City Clerk, personally appeared Nick P. Yovino, Director Planning and Development Department, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s), the person(s) on behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK o e By: DEPUTY EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Project Zoning: R-1/UGM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) —inch Services @ $_/Service = $ N/A B. Meters (flat rate cost basis only) 217 - 1 inch Meters @ $ 320/Meter = $ 69,440.00 6 - 1.5 inch Meters @ $-A70/Meter = $ 2,820.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 47.7186 Gross Acres @ $ 560/GA = $ 26.722.42 Less TGM Credit = $ 129.895.00 Estimated Net Deferred UGM TGM Charge = $ Paid w/credits D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 47.7186 Gross Acres @ $243.00/ac. _ $ 11,595.62 Less TGM Bond Debt Service Credit = $ 0.00 Estimated Net Deferred TGM Bond Debt Service Charge = $ 11,595.62 E. Frontage Fee Estimated Deferred Frontage Fee = $ N/A F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 223 Units @ $ 895.00/ Unit = $199,585.00 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. Fire Hydrant Charge 4. UGM Water Supply Fee 5. Wellhead Treatment Fee 6. Recharge Fee II. SEWER CONNECTION CHARGES &SEWER RELATED CHARGES* A. UGM Oversize Sewer Charge UGM Reimbursement Area: 43 295,944 Square Feet @ $0.05/ Sq. Ft. _ $ 14,797.20 Less Oversize Credit = $ 2,483.00 Less Overdepth Credit = $ 993.00 Estimated Net Deferred UGM Oversize Charge = $ 11,321.20 B. Lateral Sewer Charge = $ N/A 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: 21 47.7186 Gross Acres @ $ 1,388/GA = $ 66.233.42 B. UGM Neighborhood Park Fee Service Area: 7 47.7186 Gross Acres @ $ 1.690/GA = $ 80,644.43 C. UGM Trunk Sewer Fee (Res 83-40) _ $ N/A D. UGM Major Street Charge Service Area: F 44.7448 Net Adj Acres @ $ 2.500/NAA = $ 111,862.00 Less Estimated Major Street Charge Construction Credits = $ 165,790.00 Major Street Charge = $ Paid wlCmdits E. UGM Major Street Bridge Charge Service Area: F 44.7448 Net Adj Acres @ $_5O/NAA = $ 2,237.24 F. UGM Traffic Signal Charge 44.7448 Net Adjusted Acres @ $860/NAA = $ 38.480.53 G. UGM Grade Separation Charge = $ N/A H. UGM At-Grade Railroad Crossing Charge = $ N/A f. 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 document:Wr IWeferreftT5007exhIbM August 27,2002 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 1 9626 $320.00 $73.85 $895.00 $72.10 $421.81 $513.59 $14.25 $245.10 2 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 3 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 4 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 5 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 6 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 7 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 8 J 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 9 7540 $320.00 $57.86 $895.00 $56.48 $330.48 $402.39 $11.16 $191.95 10 7795 $320.00 $59.80 $895.00 $58.39 $341.59 $415.91 $11.54 $198.49 11 7388 $320.00 $56.69 $895.00 $55.34 $323.82 $394.28 $10.94 $188.08 12 1 7150 $320.00 $54.85 $895.00 $53.56 $313.27 $381.43 $10.59 $182.06 13 7150 $320.00 $54.85 $895.00 $53.56 $313.27 $381.43 $10.59 $182.06 14 7150 $320.00 $54.85 $895.00 $53.56 $313.27 $381.43 $10.59 $182.06 15 7169 $320.00 $54.99 $895.00 $53.70 $314.10 $382.45 $10.61 $182.49 16 8482 $320.00 $65.08 $895.00 $63.54 $371.71 $452.58 $12.56 $215.95 17 9017 $320.00 $69.18 $895.00 $67.54 $395.16 $481.14 $13.35 $229.62 18 9254 $320.00 $71.00 $895.00 $69.32 $405.57 $493.82 $13.70 $235.64 19 113030 $470.00 $99.97 $895.00 $97.60 $571.02 $695.27 $19.29 $331.79 20 111870 $320.00 $91.08 $895.00 $88.91 $520.22 $633.41 $17.57 $302.20 21 113289 $470.00 $101.96 $895.00 $99.54 $582.40 $709.12 $19.67 $338.32 22 8563 $320.00 $65.71 $895.00 $64.14 $375.32 $456.98 $12.67 $218.01 23 7367 $320.00 $56.52 $895.00 $55.18 $322.85 $393.09 $10.91 $187.57 24 8749 $320.00 $67.12 $895.00 $65.54 $383.37 $466.78 $12.95 $222.74 25 7136 $320.00 $54.75 $895.00 $53.45 $312.72 $380.76 $10.57 $181.72 26 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 27 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 28 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 29 8730 $320.00 $66.97 $895.00 $65.39 $382.53 $465.76 $12.92 $222.31 30 8743 $320.00 $67.07 $895.00 1 $65.49 $383.09 $466.44 $12.94 $222.57 31 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 document: lglprint\h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 32 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 33 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 34 7231 $320.00 $55.48 $895.00 $54.16 $316.88 $385.83 $10.71 $184.13 35 8437 $320.00 $64.74 $895.00 $63.20 $369.76 $450.22 $12.49 $214.83 36 7404 $320.00 $56.81 $895.00 $55.46 $324.51 $395.12 $10.96 $188.51 37 8901 $320.00 $68.28 $895.00 $66.67 $390.03 $474.89 $13.17 $226.61 38 13249 $470.00 $101.65 $895.00 $99.24 $580.60 $706.93 $19.61 $337.29 39 11692 $320.00 $89.69 $895.00 $87.58 $512.31 $623.78 $17.31 $297.65 40 12967 $470.00 $99.48 $895.00 $97.13 $568.25 $691.89 $19.20 $330.15 41 8614 $320.00 $66.10 $895.00 $64.52 $377.54 $459.68 $12.75 $219.30 42 7426 $320.00 $56.98 $895.00 $55.63 $325.49 $396.31 $10.99 $189.03 43 8570 $320.00 $65.76 $895.00 $64.19 $375.59 $457.31 $12.69 $218.18 44 8512 $320.00 $65.29 $895.00 $63.76 $372.96 $454.10 $12.60 $216.72 45 7391 $320.00 $56.72 $895.00 $55.36 $323.96 $394.45 $10.94 $188.17 46 8611 $320.00 $66.07 $895.00 $64.50 $377.40 $459.51 $12.74 $219.21 47 12901 $470.00 $98.97 $895.00 $96.64 $565.33 $688.34 $19.10 $328.43 48 11736 $320.00 $90.03 $895.00 $87.91 $514.25 $626.15 $17.37 $298.76 49 113195 $470.00 $101.23 $895.00 $98.84 $578.24 $704.05 $19.53 $335.92 50 8196 $320.00 $62.89 $895.00 $61.39 $359.21 $437.37 $12.13 $208.64 51 7534 $320.00 $57:81 $895.00 $56.43 $330.21 $402.05 $11.15 $191.78 52 7595 $320.00 $58.27 $895.00 $56.89 $332.84 $405.26 $11.25 $193.41 53 6785 $320.00 $52.05 $895.00 $50.82 $297.31 $362.00 $10.05 $172.77 54 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 55 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 56 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 57 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 58 6600 $320.00 $50.64 $895.00 $49.44 $289.26 $352.20 $9.77 $168.04 59 6160 $320.00 $47.26 $895.00 $46.14 $269.97 $328.71 $9.12 $156.86 60 5830 $320.00 $44.74 $895.00 $43.67 $255.53 $311.13 $8.63 $148.44 61 7567 $320.00 $58.05 $895.00 $56.68 $331.59 $403.74 $11.20 $192.64 62 8285 1 $320.00 $63.57 1 $895.00 1 $62.06 $363.10 1 $442.10 1 $12.27 1 $210.96 document:kt\print\h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 63 7091 $320.00 $54.41 $895.00 $53.12 $310.77 $378.39 $10.50 $180.51 64 5551 $320.00 $42.60 $895.00 $41.58 $243.32 $296.26 $8.21 $141.30 65 5595 $320.00 $42.94 $895.00 $41.91 $245.26 $298.62 $8.28 $142.42 66 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 67 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 68 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 69 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 70 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 71 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 72 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 73 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 74 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 75 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 76 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 77 6124 $320.00 $47.00 $895.00 $45.87 $268.44 $326.85 $9.07 $155.92 78 6124 $320.00 $47.00 $895.00 $45.87 $268.44 $326.85 $9.07 $155.92 79 1 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 80 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 81 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 82 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 83 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 84 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 85 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 86 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 87 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 88 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 89 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 90 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 91 5841 $320.00 $44.81 $895.00 $43.75 $255.95 $311.64 $8.65 $148.69 92 9227 $320.00 $70.79 $895.00 $69.12 $404.32 $492.30 $13.66 $234.95 93 7928 $320.00 $60.82 $895.00 1 $59.39 $347.42 $423.01 $11.74 $201.84 document: \q\print\h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot. Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 94 6057 $320.00 $46.46 $895.00 $45.37 $265.39 $323.13 $8.97 $154.20 95 6524 $320.00 $50.06 $895.00 $48.87 $285.93 $348.14 $9.66 $166.07 96 6000 $320.00 $46.02 $895.00 $44.94 $262.89 $320.09 $8.88 $152.74 97 6000 $320.00 $46.02 $895.00 $44.94 $262.89 $320.09 $8.88 $152.74 98 6000 $320.00 $46.02 $895.00 $44.94 $262.89 $320.09 $8.88 $152.74 99 6000 $320.00 $46.02 $895.00 $44.94 $262.89 $320.09 $8.88 $152.74 100 6515 $320.00 $49.99 $895.00 $48.80 $285.51 $347.63 $9.65 $165.89 101 7091 $320.00 $54.41 $895.00 $53.12 $310.77 $378.39 $10.50 $180.51 102 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1031 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 1041 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1051 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1061 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 107 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 108 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 109 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1101 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1111 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 112 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 113 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 1 $165.72 114 7018 $320.00 $53.85 $895.00 $52.57 $307.58 $374.50 $10.39 $178.71 1151 7084 $320.00 $54.36 $895.00 $53.06 $310.50 $378.05 $10.49 $180.34 1161 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1171 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 1181 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1191 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1201 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 121 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 122 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 123 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 11241 6510 1 $320.00 1 $49.94 $895.00 $48.76 J $285.23 $347.30 $9.64 t$165.72 document: �q\print%h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 1251 7245 $320.00 $55.57 $895.00 $54.27 $317.44 $386.50 $10.73 $184.47 126 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 127 6615 $320.00 $50.76 $895.00 $49.55 $289.95 $353.04 $9.79 $168.39 128 6915 $320.00 $53.05 $895.00 $51.80 $303.00 $368.93 $10.24 $176.04 1291 6663 $320.00 $51.13 $895.00 $49.91 $292.04 $355.58 $9.87 $169.68 1301 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1311 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1321 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1331 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1341 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1351 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 136 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 137 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 138 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1391 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1401 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1411 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1421 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1431 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1441 6658 $320.00 $51.08 $895.00 $49.87 $291.76 $355.24 $9.86 $169.51 1451 6528 $320.00 $50.08 $895.00 $48.90 $286.07 $348.31 $9.67 $166.24 1461 6200 $320.00 $47.58 $895.00 $46.44 $271.77 $330.90 $9.18 $157.90 1471 6200 $320.00 $47.58 $895.00 $46.44 $271.77 $330.90 $9.18 $157.90 1481 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1491 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1501 5215 $320.00 $40.02 $895.00 $39.06 $228.60 $278.34 $7.72 $132.78 1511 6343 $320.00 $48.67 $895.00 $47.51 $278.02 $338.51 $9.39 $161.51 152 9148 $320.00 $70.18 $895.00 $68.52 $400.85 $488.07 $13.54 $232.89 153 6791 $320.00 $52.10 $895.00 $50.87 $297.59 $362.34 $10.05 $172.86 154 6124 $320.00 $47.00 $895.00 $45.87 $268.44 $326.85 $9.07 $155.92 155 6123 $320.00 $46.97 $895.00 $45.87 $268.30 $326.68 $9.07 $155.92 document: )glprint\h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 1561 6779 $320.00 $52.00 $895.00 $50.78 $297.03 $361.66 $10.04 $172.60 157 9699 $320.00 $74.41 $895.00 $72.65 $425.01 $517.48 $14.36 $246.91 158 7041 $320.00 $54.02 $895.00 $52.74 $308.55 $375.69 $10.43 $179.31 159 5536 $320.00 $42.48 $895.00 $41.47 $242.62 $295.41 $8.20 $140.95 1601 6654 $320.00 $51.05 $895.00 $49.84 $291.62 $355.07 $9.85 $169.42 161 7910 $320.00 $60.68 $895.00 $59.25 $346.58 $421.99 $11.71 $201.41 162 7867 $320.00 $60.36 $895.00 $58.93 $344.78 $419.80 $11.65 $200.29 163 7865 $320.00 $60.34 $895.00 $58.91 $344.64 $419.63 $11.64 $200.21 1641 5963 $320.00 $45.76 $895.00 $44.67 $261.36 $318.23 $8.83 $151.79 1651 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1661 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1671 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 16 81 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 169 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1701 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 171 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 172 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 173 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1741 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1751 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1761 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1771 5600 $320.00 $42.96 $895.00 $41.95 $245.40 $298.79 $8.29 $142.59 1781 5400 $320.00 $41.43 $895.00 $40.45 $236.65 $288.15 $8.00 $137.51 1791 5887 $320.00 $45.17 $895.00 $44.10 $258.03 $314.17 $8.72 $149.90 1801 6270 $320.00 $48.11 $895.00 $46.97 $274.82 $334.62 $9.28 $159.62 1811 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1821 5880 $320.00 $45.10 $895.00 $44.04 $257.61 $313.66 $8.71 $149.73 1831 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1841 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 185 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 186 5880 $320.00 $45.10 $895.00 1 $44.04 J $257.61 1 $313.66 $8.71 1 $149.73 document: \q\printlh 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 1871 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1881 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1891 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1901 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 191 5880 $320.00 $45.10 $895.00 $44.04 $257.61 $313.66 $8.71 $149.73 192 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 193 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 1941 5670 $320.00 $43.50 $895.00 $42.47 $248.45 $302.51 $8.40 $144.39 195 6180 $320.00 $47.41 $895.00 $46.29 $270.80 $329.72 $9.15 $157.38 196 7212 $320.00 $55.33 $895.00 $54.02 $316.05 $384.81 $10.68 $183.61 197 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1981 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 1991 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2001 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 201 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2021 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2031 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2041 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 205 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 206 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 1 $9.64 $165.72 207 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 208 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 209 7128 $320.00 $54.70 $895.00 $53.39 $312.44 $380.42 $10.55 $181.46 210 7215 $320.00 $55.36 $895.00 $54.04 $316.19 $384.98 $10.68 $183.70 211 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 212 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2131 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2-141 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2151 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 216 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 217 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 document:kq\print\h 27-Aug-02 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-5007 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water TGM Water 1994 Sewer Fire Neighborhood Major Traffic Lot Lot Meter Bond Debt Bond Debt Oversize Station Park Bridge Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due 2181 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 2191 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 220 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 221 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 222 6510 $320.00 $49.94 $895.00 $48.76 $285.23 $347.30 $9.64 $165.72 12231 7125 $320.00 $54.68 $895.00 $53.37 $312.30 $380.25 $10.54 $181.37 document: \q\printlh 27-Aug-02 Tract No. 5007 P.W. File No. 10439 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 3, 2002, in the office of the Fresno County Recorder, Document No. 2002- 0110333, Official Records of which the Deed of Trust in by and between DeYoung Communities, Inc., a California Corporation and Bonadelle Development Corporation, a California Corporation, as Trustor, Chicago Title Company, a California Corporation, as Trustee and IndyMac Bank, F.S.B., as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees to the time of Issuance of Certificate of Occupancy and Creation of Lien for Tract No. 5007, Phase I of Vesting Tentative Map Tract No. 5007/ UGM. DATED: Sep"Mt� ' 20 D L B EFICIARY IN MAC BANK F.S.B. By: �ef R,c " By: (Attach Notary Acknowledgement) STATE OF CALIFORNIA, }COUNTY OF S.S. On 3 , Z4I Z before me, AtI 'Itf 6ehl-I a Notary Public in and for said County and State, personally appeared ! )DZ17"L, S Vl , personally known to me ( FOR NOTARY SEAL OR STAMP t to be the person($) whose name(Ris/are subscribed to the within instrument and acknowledged to me that he/shetA+my executed the same in his/her/their DRINDA S.COOK authorized capacity(4*, and that by his/hwAheir Commission 61354697 signatureN on the instrument the person(, or Notary Public-Callfomla the entity upon behalf of which the person(d� 10myconvMF LOS County acted, executed the instrument. �ieallAay31,2006 WITNESS my hand and official seal. Signature STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TE 180 Legal(2-94) This form is furnished by Chicago Title Company