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Home My WebLink AboutT-5109 - Agreement/Covenant - 8/11/2006 (2) Recording Requested by: City of Fresno No Fee-Govt.. Code Sections 6103 and 27383 When Recorded, Mail To: City Clerk City of Fresno 05/21/2003120030113680 2600 Fresno Street Fresno, CA 93721-3623 T lBOVE-1 '] A- C F �M `REVORDE1LIWO 11 � a : APN: 316-021-09 & 75 Planning and Development Department Project ID: Final Tract No. 5109 Building & Safety Services Division Phase V of T. Tr. 4570 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, Sunnyside Ridge Partners, 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: Lots 1 through 85, inclusive, of Final Tract Map No. 5109, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 21 , 200_3 in Volume 6-7 , of Plats at Pages I q( -cn- , 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. 5109 Page 2 C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4570 (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: 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5109 Page 3 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 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. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5109 Page 4 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. a. 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5109 Page 5 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. /// /// /// /// Statement of Covenants Deferring Fees and Creation of Lien Tract No. 5109 Page 6 DATED: GLt� CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS, LLC a California Limited Liability Company By: Cornerstone Enterprises II, Inc. By. a California Corporation, Its Manager Yovino, Director Pla ing and Development Department By: APPROVED AS TO FORM: Robert jL Wood, President HILDA CANT' ONTO City A m By: Deputy (Covenantor: Attach Notary Acknowledgments) CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On A 13 , 2003 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 Q. a By: DEPUTY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ss. r County of R_517p I I On III 120n S before me, s o s , Date Name and Titleof icer(e.g.,"Jane oe,Notary Public") personally appeared �O /�� wno Name(s)of Signer(s) II personally known to me ❑ proved to me on the basis of satisfactory evidence S to be the person(s) whose name(s) is/are 000MM.01380834 subscribed to the within instrument and MOTA�'7'CAUF ORNA acknowledged to me that he/she/they executed ( FRESNO COUNTY Comm.Exp.OCT.20,2006 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. Place Notary Seal Above Signature of Notary Pu is ( I 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: I Document Date: Number of Pages: ,I Signer(s)Other Than Named Above: ,i Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual . Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ,I Signer Is Representing: ,I 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827 Subdivision Agreement Tract No. 5109 ' Page 14 Tract No. 5109/UGM P.W. File No. 10493 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 7, 2003,. in the office of the Fresno County Recorder, Document No. 20030053619 of which the Deed of Trust in by and between Sunnyside Ridge Partners, LLC, a California limited liability company, as Trustor, Financial Title Company, a California corporation, as Trustee and Reedley Investments I, LLC, a California limited liability company,Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges,Urban Growth Management Fees and Development Fees and Creation of Lien Tract No. 5109, Phase VI of Vesting Tentative Tract Map No. 4570.UGM 563. DATED: �LtL �' , 2003. BENEFICIARY Reedley Investments I, LLC, a California limited Liabili company By. Farid Assemi, NfembJ Subdivision Agreement Tract No. 5109 Page 14 Tract No. 51091UGM P.W. File No. 10493 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 7, 2003, in the office of the Fresno County Recorder, Document No. 20030053621 of which the Deed of Trust in by and between Sunnyside Ridge Partners, LLC, a California limited liability company, as Trustor, Financial Title Company, a California corporation, as Trustee and Housing Capital Company, a Minnesota partnership, Beneficiary,hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges,Urban Growth Management Fees and Development Fees and Creation of Lien Tract No. 5109, Phase VI of Vesting Tentative Tract Map No. 4570.UGM 563. DATED: �— 92003. BENEFICIARY Housing Capital Company, a Minnesota partnership �( V/"' — By: �'/l -�J Thomas G. Walker,Vice President Subdivision Agreement Tract No. 5109 Page 14 Tract No. 5109/UGM P.W. File No. 10493 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 7, 2003, in the office of the Fresno County Recorder, Document No. 20030053620 of which the Deed of Trust in by and between Sunnyside Ridge Partners, LLC, a California limited liability company,as Trustor, Financial Title Company, a California corporation, as Trustee and Housing Capital Company, a Minnesota partnership, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien Tract No. 5109, Phase VI of Vesting Tentative Tract Map No. 4570.UGM 563. DATED: A61 < L , 2003. BENEFICIARY Housing Capital Company, a Minnesota partnership . BY VVG"' Thomas G. Walker,Vice President (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �rP On /ZOOS , before me, Date ^A Name and Title of Officer(e.g.,"Jane Doe, otary Public") personally appeared - �&YI Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence II to be the person(s) whose name(s) is/are CMSM S.UNGEW&TIM subscribed to the within instrument and COMM.NOTNer�x•cAufoaa► acknowledged to me that he/she/they executed FRESNO COUNTY the same in his/her/their authorized comm.Exp.OCT.20,2006 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 Signature of Notary 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. I� Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I l 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ss. County of On Prn I 1 , before me, h Dati Name and Title of Officer e.g.,"Jane DoW Notary Public") personally appeared W, ld 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 S subscribed to the within instrument and STINEcomm 1380M acknowledged to me that he/she/they executed ' WTAWPu11Me curaaa� the same in his/her/their authorized a h FRESNO capacity(ies), and that by his/her/their Coanro. P.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. k� Place Notary Seal Above Signature of Notary P c IV II OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: ,I Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual . Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact _ ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: I 0 1997 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of t y On b'3 _, before me, S• � h '��" 'I`� Date Name and Title of Officer(e.g.,"Jane D , otary Public') personally appeared T_-L-IE. r�� `v ' W9,1KA( , 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 O*Mw;- COMM.& subscribed to the within instrument and NOTNerwasuc.cK acknowledged to me that he/she/they executed FResNocou�rnr the same in his/her/their authorized COMM.gyp.OCT.20 Zoog 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 Signature of Notary Publ 1 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. i Description of Attached Document Title or Type of Document: • I Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual a Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: rI 1 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS *Total amount deferred excludes the fees paid with the subdivision agreement for the lots with "Early issuance of building permits". Those lots are: 73 through 78,,inclusive. 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) 72 - 1 inch Meters @ $_220/Meter = $ 23.040.00 7 - 1.5 inch Meters @ $470.00/Meter = $ 3.290.00 C. UGM Transmission Grid Main (TGM) Charge* UGM Reimbursement Area: D 26.4304 Gross Acres @ $ 560/GA = $ 14,801.02 Less Estimated TGM Credit = $ 20,822.00 Estimated Net Deferred UGM TGM Charge = $ Paid wl credits D. Transmission Grid Main Bond Debt Service Charge* For Parcels 5 Gross Acres and Above 26.4304 Gross Acres @ $243.00/ac. _ $ 6,422.59 Estimated Net Deferred TGM Bond Debt Service Charge = $ ** **Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation; when applicable,fee is due at Building Permit for all un-developed lots at the fee rate then in effect. E. Frontage Fee* 641 Lineal Feet @$ 3.25 /LF = $ 2,083.25 Estimated Deferred Frontage Fee = $ 1,932.98 F. 1994 Bond Debt Service Fee* 501 1994 Bond Debt Service Area. 85 Units @ $ 244/Unit = $ 20.740.00 Estimated Deferred Frontage Fee = $ 19.276.00 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: 35 216.200 Square Feet @ $ 0.05/SF = $ 10,810.00 Less Estimated Oversize Credit = $ 21,232.00 Less Estimated Overdepth Credit = $ 23.886.00 Estimated Net Deferred UGM Oversize Charge = $ Paid w/Credits B. Lateral Sewer Charge* 66.300 Square Feet @ $ 0.10/SF = $ 6,630.00 Estimated Lateral Sewer Charge = $ 6.151.77 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: 15 26.4304 Gross Acres @ $_§05/GA = $ 15,990.39 Deferred UGM Fire Station Fee = $ 14,836.96 B. UGM Neighborhood Park Fee* Service Area: 2 26.4304 Gross Acres @ $ 1,650/GA = $43,610.16 Deferred UGM Neighborhood Park Fee = $ 40,464.44 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: _Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge* Service Area: D-1/E-1 24.0404 Net Adj Acres @ $ 2.180/NAA = $ 52,408.07 Less Major Street Charge Construction Credits = $125,002.00 Major Street Charge = $ Paid w/credits E. UGM Major Street Bridge Charge* Service Area: D-1/E-1 24.0404 Net Adj Acres @ $_L1 0/NAA = $ 5,048.48 Major Street Bridge Charge = $ 4,684.30 F. UGM Traffic Signal Charge* 24.0404 Net Adjusted Acres @ $ 860 /NAA = $ 20,674.74 Deferred UGM Traffic Signal Charge = $19.183.33 G. UGM Grade Separation Charge Service Area: Net Adjusted Acres @ $ /NAA = $ N/A H. UGM At-Grade Railroad Crossing Charge Service Area: Net Adjusted Acres @ $_/NAA = $ N/A I. 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:\wp5lWeferraNT5109exhlbftA March 14,2003 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5109 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water 1994 Sewer Fire Neighborhood Lot Lot Meter Frontage Bond Debt Lateral Station Park No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 1 9231 $320.00 $23.43 $244.00 $74.57 $179.87 $490.54 2 8686 $470.00 $22.05 $244.00 $70.17 $169.22 $461.50 3 14688 $470.00 $37.28 $244.00 $118.66 $286.17 $780.45 4 17782 $320.00 $45.14 $244.00 $143.65 $346.48 $944.96 5 11043 $320.00 $28.03 $244.00 $89.21 $215.14 $586.74 6 10557 $320.00 $26.80 $244.00 $85.28 $205.70 $561.00 7 10056 $320.00 $25.53 $244.00 $81.24 $195.90 $534.27 8 9532 $320.00 $24.20 $244.00 $77.00 $185.74 $506.55 9 9250 $320.00 $23.48 $244.00 $74.73 $180.23 $491.54 10 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 11 9900 $320.00 $25.13 $244.00 $79.98 $192.87 $526.02 12 9768 $320.00 $24.79 $244.00 $78.91 $190.33 $519.09 13 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 14 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 15 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 16 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 17 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 18 9240 $320.00 $23.45 $244.00 $74.64 $180.05 $491.04 19 10333 $320.00 $26.23 $244.00 $83.47 $201.34 $549.12 20 15047 $470.00 $38.19 $244.00 $121.56 $293.18 $799.59 21 8751 $320.00 $22.21 $244.00 $70.69 $170.49 $464.97 22 8045 $320.00 $20.42 $244.00 $64.99 $156.76 $427.52 23 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 24 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 25 8547 $320.00 $21.70 $244.00 $69.05 $166.56 $454.25 26 9972 $320.00 $25.31 $244.00 $80.56 $194.27 $529.82 27 8625 $320.00 $21.89 $244.00 $69.68 $168.07 $458.37 28 8625 $320.00 $21.89 $244.00 $69.68 $168.07 $458.37 29 8561 $320.00 $21.73 $244.00 $69.16 $166.80 $454.90 30 8479 $320.00 $21.52 $244.00 $68.50 $165.23 $450.62 31 10623 1 $320.00 1 $26.97 $244.00 1 $85.82 1 $206.97 $564.47 document: \q\print\h 13-Mar-03 ' EXHIBIT "13" -- PKOKATED FEE 08LIGATIONS T-5109 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water 1994 Sewer Fire Neighborhood Lot Lot Meter Frontage Bond Debt Lateral Station Park No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 32 8820 $320.00 $22.39 $244.00 $71.25 $171.82 $468.60 33 8159 $320.00 $20.71 $244.00 $65.91 $158.99 $433.62 34 7850 $320.00 $19.93 $244.00 $63.42 $152.94 $417.12 35 7813 $320.00 $19.83 $244.00 $63.12 $152.22 $415.14 36 12682 $470.00 $32.19 $244.00 $102.45 $247.08 $673.86 37 14107 $470.00 $35.81 $244.00 $113.96 $274.85 $749.60 38 8250 $320.00 $20.94 $244.00 $66.65 $160.75 $438.41 39 8260 $320.00 $20.97 $244.00 $66.73 $160.93 $438.90 40 8260 $320.00 $20.97 $244.00 $66.73 $160.93 $438.90 41 8775 $320.00 $22.27 $244.00 $70.89 $170.97 $466.29 42 8923 $320.00 $22.65 $244.00 $72.08 $173.88 $474.21 43 8400 $320.00 $21.32 $244.00 $67.86 $163.65 $446.32 44 8400 $320.00 $21.32 $244.00 $67.86 $163.65 $446.32 45 8289 $320.00 $21.04 $244.00 $66.96 $161.47 $440.38 46 10843 $320.00 $27.52 _$244.00 $87.59 $211.27 $576.18 47 12485 $320.00 $31.69 $244.00 $100.86 $243.27 $663.47 48 12558 $470.00 $31.88 $244.00 $101.45 $244.66 $667.26 49 10766 $320.00 $27.33 $244.00 $86.97 $209.75 $572.06 50 1 8288 $320.00 $21.04 $244.00 $66.95 $161.47 $440.38 51 8400 $320.00 $21.32 $244.00 $67.86 $163.65 $446.32 52 8400 $320.00 $21.32 $244.00 $67.86 $163.65 $446.32 53 8925 $320.00 $22.65 1 $244.00 $72.10 $173.88 $474.21 54 1 8547 $320.00 $21.70 $244.00 $69.05 $166.56 $454.25 55 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 56 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 57 8040 $320.00 $20.41 $244.00 $64.95 $156.63 $427.19 58 1 9064 $320.00 $23.01 $244.00 $73.22 $176.60 $481.64 59 11893 $320.00 $30.19 $244.00 $96.08 $231.72 $631.95 60 8621 $320.00 $21.88 $244.00 $69.64 $167.95 $458.04 61 8050 1 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 62 8547 1 $320.00 $21.70 1 $244.00 $69.05 $166.56 $454.25 document: \q\print\h 13-Mar-03 EXHIBIT"B" -- PRORATED FEE OBLIGATIONS T-5109 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water 1994 Sewer Fire Neighborhood Lot Lot Meter Frontage Bond Debt Lateral Station Park No. Area Amount Amount Amount Amount Amount Amount Due Due Due I Due I Due Due 63 9223 $320.00 $23.41 $244.00 $74.51 $179.69 $490.05 64 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 65 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 66 9224 $320.00 $23.41 $244.00 $74.52 $179.75 $490.22 67 11730 $320.00 $29.78 $244.00 $94.76 $228.57 $623.37 68 10535 $320.00 $26.74 $244.00 $85.11 $205.28 $559.85 69 10504 $320.00 $26.66 $244.00 $84.86 $204.67 $558.20 70 9840 $320.00 $24.98 $244.00 $79.49 $191.72 $522.88 71 9471 $320.00 $24.04 $244.00 $76.51 $184.53 $503.25 72 9852 $320.00 $25.01 $244.00 $79.59 $191.97 $523.55 73 9859 Paid Paid Paid Paid Paid Paid 74 9275 Paid Paid Paid Paid Paid Paid 75 9520 Paid Paid Paid Paid Paid Paid 76 9520 Paid Paid Paid Paid Paid Paid 77 10150 Paid Paid Paid Paid Paid Paid 78 10875 Paid Paid Paid Paid Paid Paid 79 8547 $320.00 $21.70 $244.00 $69.05 $166.56 $454.25 80 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 81 8050 $320.00 $20.43 $244.00 $65.03 $156.82 $427.68 82 8013 $320.00 $20.34 $244.00 $64.73 $156.15 $425.87 83 1 10444 $320.00 $26.51 $244.00 $84.37 $203.46 $554.90 84 18454 1 $470.00 $46.84 $244.00 $149.08 $359.55 1 $980.60 85 10074 1 $320.00 $25.57 1 $244.00 $81.38 $196.26 $535.26 r document: \q\print\h 13-Mar-03 EXHIBIT "6" -- PRORATED FEE 06LIGATION5 Major Traffic Lot Bridge Signal No. Amount Amount Due Due 1 $56.78 $232.54 2 $53.42 $218.78 3 $90.34 $369.97 4 $109.39 $447.97 5 $67.94 $278.21 6 $64.93 $265.91 7 $61.87 $253.36 8 $58.63 $240.11 9 $56.91 $233.06 10 $56.85 $232.80 11 $60.90 $249.40 12 $60.08 . $246.05 13 $56.85 $232.80 14 $56.85 $232.80 15 $56.85 $232.80 16 $56.85 $232.80 17 $56.85 $232.80 18 $56.85 $232.80 19 $63.57 $260.32 20 $92.57 $379.09 21 $53.82 $220.42 22 $49.50 $202.70 23 $49.52 $202.79 24 $49.52 $202.79 25 $52.58 $215.34 26 $61.34 $251.21 27 $53.05 $217.24 28 $53.05 $217.24 29 $52.67 $215.69 30 $52.16 $213.62 31 $65.35 $267.63 document: \q\print\h 13-Mar-03 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS Major Traffic Lot Bridge Signal No. Amount Amount Due Due 32 $54.26 $222.22 33 $50.19 $205.54 34 $48.28 $197.71 35 $48.07 $196.85 36 $78.02 $319.49 37 $86.77 $355.35 38 $50.76 $207.86 39 $50.82 $208.12 40 $50.82 $208.12 41 $53.97 $221.02 42 $54.89 $224.80 43 $51.68 $211.65 44 $51.68 $211.65 45 $50.99 $208.81 46 $66.70 $273.14 47 $76.80 $314.50 48 $77.26 $316.39 49 $66.23 $271.24 50 $50.99 $208.81 51 $51.68 $211.65 52 $51.68 $211.65 53 $54.89 $224.80 54 $52.58 $215.34 55 $49.52 $202.79 56 $49.52 $202.79 57 $49.46 $202.53 58 $55.75 $228.33 59 $73.16 1 $299.62 60 $53.02 $217.15 61 $49.52 $202.79 62 $52.58 $215.34 document: \q\print\h 13-Mar-03 • EXHIBIT"B" -- PRORATED FEE OBLIGATIONS Major Traffic . Lot Bridge Signal No. Amount Amount Due Due 63 $56.74 $232.37 64 $49.52 $202.79 65 $49.52 $202.79 66 $56.74 $232.37 67 $72.16 $295.50 68 $64.81 $265.40 69 $64.62 $264.62 70 $60.52 $247.85 71 $58.25 $238.56 72 $60.61 $248.20 73 Paid Paid 74 Paid Paid 75 Paid Paid 76 Paid Paid 77 Paid Paid 78 Paid Paid 79 $52.58 $215.34 80 $49.52 $202.79 81 $49.52 $202.79 82 $49.29 $201.84 83 $64.24 $263.07 84 $113.53 $464.92 85 $61.97 $253.79 document: \q\print\h 13-Mar-03