HomeMy WebLinkAboutT-5224 - Agreement/Covenant - 6/3/2005 (4) �o.
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WHEN RECORDED MAIL TO:
City Clerk
0 City of Fresno
ti 2600 Fresno Street
O Fresno, CA 93721-3603 0510/1005,10050111140
V
W
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w NO FEE-Government Code 6103
CL
CITY of FRESNO
Planning and Development Department
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. 5224
Statement of Covenants
Fee Deferral
Tract No. 5224
Page 2
RECITALS
WHEREAS, De Young Properties 5224 L.P., a California Limited Partnership,
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 177, inclusive, and Outlots A, B, C and D of Tract No. 5224
according to the map thereof recorded on M V 2U , 204,in
Volume 7 2- of Plats at Page(s) �L v.Ara G t, 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 Vesting Tentative Map No. 5224 (hereinafter,
"Project'?,require the payment of applicable sewer connection charges,water connection charges,
traffic signal charge, Urban Growth Management fees, Millbrook Overlay Sewer fee, Copper
Avenue Sewer Lift Station Benefit Service Fee (hereinafter, "Fees") in accordance with the
provisions of Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution Nos. 95-117,
95-118 and 2003-264 (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
A �
i
Statement of Covenants
Fee Deferral
Tract No. 5224
Page 3
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.
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
k
Statement of Covenants
Fee Deferral
Tract No. 5224
Page 4
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.
S. 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
Statement of Covenants
Fee Deferral
Tract No. 5224
Page 5
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.
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
Statement of Covenants
Fee Deferral
Tract No. 5224
Page 6
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
Fee Deferral
Tract No. 5224
Page 7
DATED: _614 y _9 ?mos`
CIN OF FRESNO, COVENANTOR
a Municipal Corporation De Young Properties 5224 L.P.,
a California Limited Partnership
By: Team 5 Properties, Inc.,
a California Corporation,
By as Genera artner.
is . Yovino, Director
Pla ing and Development Department
By:
Jerryt�e You , Pr sident
APPROVED AS TO FORM:
HILDA CANTU-MONTOY
City Attorney
By 6ttS
Deputy
(Attach Notary Acknowledgment)
jb+ak 0411-05
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On April 15, 2005 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Jerry A. De Young
personally known to me
t0 be FOR NOTARY SEAL OR STAMP
the person whose nameX ism subscribed to
the within instrument and acknowledged to me that
he/s",vy executed the same in his/heFA44eirf� ANNA M.RENNA
authorized capacity(kw4r and that by his/h�etr N a' COMM.#1433198
signature(f on the instrument the personkd)' Or `n cNOTARYPU@LIC-CALIFORNIA N
tn FRESNO COUNTY
the entity upon behalf of which the person(?)
acted, executed the instrument.
WITNES4 my hEInd and officia al.
Signature
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Nick P.
Yovino,Director Planning and Development Department,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.
WITNESS my hand and official City Seal.
REBECCA B; 1(LJSCIt
CITY CLE/!Rk
By r 4_
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)
161 - 1.0 inch Meters @ $-.a30.00/Meter = $ 53.130.00
6 - 1.5 inch Meters @ $ 455.00/Meter = $ 2.730.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
48.7948 Gross Acres @ $643.00/ac. _ $ 31.375.06
Less TGM Credit = $ 21.953.00
Estimated Net Deferred UGM TGM Charge = $ 8.884.13
D. Transmission Grid Main Bond Debt Service Charge
48.7948 Gross Acres @ $243.00/ac. _ $ 11.857.14
Estimated Net Deferred TGM Bond Debt Service Charge = $ 11.180.01
E. Frontage Fee
3.131 Lineal Feet @ $ 6.50/LF = $ 20.351.50
Estimated Deferred Frontage Fee = $ 19.189.12
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
177 Units @ $ 0.00/ Unit = $ 0.00
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: 19
281.120 Square Feet @ $0.05 / Sq. Ft. _ $ 14.056.00
Less Oversize Credit = $ 12,255.00
Less Overdepth Credit = $ 23.309.00
Estimated Net Deferred UGM Oversize Charge = $ Paid w/ Credits
B. Lateral Sewer Charge
150,000 Square Feet @ $0.10/ Sq. Ft. _ $ 15.000.00
Estimated Net Deferred Lateral Sewer Charge = $ 14.143.24
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: 17
48.7948 Gross Acres @ $ 807.00/GA = $ 39,377.40
Estimated Net Deferred UGM Fire Station Fee = $ 37,128.59
B. UGM Neighborhood Park Fee
Service Area: 4
48.7948 Gross Acres @ $ 1,783.00/GA = $ 87.001.13
Estimated Net Deferred UGM Neighborhood Park Fee = $ 82,032.64
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Grantland
42.1806 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-4
42.1806 Net Adj Acres @ $ 3,531.00 /NAA = $148,939.70
Less Estimated Major Street Credits = $165,791.00
Estimated Net Deferred UGM Major Street Charge = $ Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: E-4
42.1806 Net Adj Acres @ $ 196.00 /NAA = $ 8,267.40
Estimated Net Deferred UGM Major Street Bridge Charge = $ 7,795.25
F. UGM Grade Separation Charge
Service Area: E-4-A
42.1806 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
r
IV. NON - URBAN GROWTH MANAGEMENT (UGM) IMPACT FEES
A. Traffic Signal Charge
177 Units @ $ 414.69/ Unit = $ 73,400.13
Less Estimated Traffic Signal Charge Credits = $ 38,000.00
Estimated Net Deferred Traffic Signal Charge = $ 33,400.13
f' EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5224 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
1 7312 $330.00 $108.14 $50.08 $63.01 $79.70 $209.26 $462.33 $43.92 $200.00
2 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
3 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
4 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
5 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
6 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
7 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
8 7886 $330.00 $116.63 $53.98 $67.94 $85.96 $225.64 $498.53 $47.37 $200.00
9 8807 $330.00 $130.25 $60.31 $75.89 $96.00 $252.03 $556.83 $52.92 $200.00
10 6692 $330.00 $98.97 $45.83 $57.66 $72.95 $191.50 $423.11 $40.20 $200.00
11 6685 $330.00 $98.87 $45.74 $57.59 $72.87 $191.26 $422.57 $40.16 $200.00
12 6793 $330.00 $100.46 $46.53 $58.54 $74.05 $194.41 $429.52 $40.81 $200.00
13 7149 $330.00 $105.73 $48.95 $61.60 $77.93 $204.57 $451.99 $42.94 $200.00
14 7163 $330.00 $105.94 $49.05 $61.72 $78.08 $204.98 $452.88 $43.04 $200.00
15 7897 $330.00 $116.79 $54.06 $68.04 $86.08 $225.96 $499.24 $47.45 $200.00
16 8169 Paid Paid Paid Paid Paid Paid Paid Paid Paid
17 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
18 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
19 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
20 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
21 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
22 7080 Paid Paid Paid Paid Paid Paid Paid Paid Paid
23 8049 Paid Paid Paid Paid Paid Paid Paid Paid Paid
24 10629 Paid Paid Paid Paid Paid Paid Paid Paid Paid
25 9268 Paid Paid Paid Paid Paid Paid Paid Paid Paid
26 7058 $330.00 $104.38 $48.35 $60.82 $76.94 $201.99 $446.28 $42.39 $200.00
27 6200 $330.00 $91.69 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
28 6200 $330.00 $91.f9 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
29 6200 $330.00 $91.69 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
30 6200 $330.00 $91.69 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
31 6200 $330.00 $91.69 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
32 6200 $330.00 $91.69 $42.42 $53.41 $67.58 $177.38 $391.90 $37.24 $200.00
33 6762 $330.00 $100.01 $46.32 $58.27 $73.71 $193.52 $427.56 $40.63 $200.00
34 7062 $330.00 $104.44 $48.35 $60.85 $76.98 $202.07 $446.46 $42.43 $200.00
35 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
36 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
37 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
38 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
39 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
40 1 6500 1 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 1 $200.00
document:\q\print\h 05-Apr-05
'• EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5224 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
41 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
42 6500 $330.00 $96.13 $44.52 $56.01 $70.85 $186.01 $410.98 $39.04 $200.00
43 7932 $330.00 $117.31 $54.34 $68.36 $86.46 $227.01 $501.56 $47.65 $200.00
44 8504 $330.00 $125.77 $58.20 $73.26 $92.70 $243.31 $537.57 $51.10 $200.00
45 7380 $330.00 $109.15 $50.54 $63.59 $80.45 $211.19 $466.61 $44.34 $200.00
46 7380 $330.00 $109.15 $50.54 $63.59 $80.45 $211.19 $466.61 $44.34 $200.00
47 7380 $330.00 $109.15 $50.54 $63.59 $80.45 $211.19 $466.61 $44.34 $200.00
48 7896 $330.00 $116.78 $54.07 $68.04 $86.07 $225.96 $499.24 $47.43 $200.00
49 8755 $330.00 $129.48 $59.92 $75.43 $95.43 $250.49 $553.44 $52.61 $200.00
50 8755 $330.00 $129.48 $59.92 $75.43 $95.43 $250.49 $553.44 $52.61 $200.00
51 8755 $330.00 $129.48 $59.92 $75.43 $95.43 $250.49 $553.44 $52.61 $200.00
52 8048 $330.00 $119.02 $55.12 $69.35 $87.73 $230.32 $508.87 $48.35 $200.00
53 7380 $330.00 $109.15 $50.54 $63.59 $80.45 $211.19 $466.61 $44.34 $200.00
54 8732 $330.00 $129.14 $59.77 $75.23 $95.18 $249.85 $552.02 $52.47 $200.00
55 9527 $330.00 $140.90 $65.22 $82.09 $103.85 $272.60 $602.30 $57.23 $200.00
56 11114 $330.00 $164.37 $76.10 $95.77 $121.15 $318.04 $702.68 $66.78 $200.00
57 9905 $330.00 $146.49 $67.81 $85.34 $107.97 $283.42 $626.19 $59.51 $200.00
58 8450 $330.00 $124.97 $57.84 $72.80 $92.11 $241.78 $534.19 $50.76 $200.00
59 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
60 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
61 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
62 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
63 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
64 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
65 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
66 1 8144 $330.00 $120.44 $55.78 $70.18 $88.77 $233.06 $514.93 $48.92 $200.00
67 8228 $330.00 $121.69 $56.36 $70.91 $89.69 $235.48 $520.28 $49.43 $200.00
68 8228 $330.00 $121.69 $56.36 $70.91 $89.69 $235.48 $520.28 $49.43 $200.00
69 8187 $330.00 $121.08 $56.05 $70.54 $89.24 $234.27 $517.60 $49.20 $200.00
70 8060 $330.00 $119.20 $55.19 $69.45 $87.86 $230.64 $509.58 $48.43 $200.00
71 13538 $455.00 $200.22 $92.67 $116.64 $147.57 $387.36 $855.84 $81.34 $200.00
72 8997 $330.00 $133.06 $61.59 $77.52 $98.07 $257.43 $568.78 $54.06 $200.00
73 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
74 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
75 6615 $330.00 $97.83 $45.32 $57.01 $72.11 $189.32 $418.29 $39.75 $200.00
76 6997 $330.00 $103.48 $47.90 $60.29 $76.27 $200.22 $442.36 $42.04 $200.00
77 6997 $330.00 $103.48 $47.90 $60.29 $76.27 $200.22 $442.36 $42.04 $200.00
78 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
79 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
80 6300 $330.00 1 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
81 6300 $330.00 1 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
document:\q\print\h 05-Apr-05
A EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5224 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
82 8033 $330.00 $118.80 $54.97 $69.21 $87.56 $229.83 $507.80 $48.26 $200.00
83 12358 $330.00 $182.77 $84.61 $106.48 $134.71 $353.63 $781.31 $74.24 $200.00
84 10015 $330.00 $148.12 $68.56 $86.29 $109.17 $286.57 $633.14 $60.17 $200.00
85 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
86 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
87 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
88 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
89 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
90 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
91 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
92 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
93 8453 $330.00 $125.01 $57.86 $72.83 $92.14 $241.86 $534.37 $50.78 $200.00
94 8896 $330.00 $131.57 $60.88 $76.64 $96.97 $254.53 $562.36 $53.45 $200.00
95 12965 $455.00 $191.74 $88.75 $111.71 $141.32 $370.98 $819.65 $77.89 $200.00
96 8234 $330.00 $121.78 $56.40 $70.96 $89.75 $235.64 $520.64 $49.47 $200.00
97 6320 $330.00 $93.47 $43.27 $54.46 $68.89 $180.85 $399.57 $37.97 $200.00
98 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
99 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
100 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
101 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
102 6300 $330.00 $93.17 1 $43.14 $54.29 $68.67 1 $180.28 $398.32 $37.85 $200.00
103 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
104 6787 $330.00 $100.38 $46.50 $58.49 $73.98 $194.24 $429.17 $40.77 $200.00
105 6787 $330.00 $100.38 $46.50 $58.49 $73.98 $194.24 $429.17 $40.77 $200.00
106 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
107 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
108 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
109 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
110 1 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
111 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
112 6282 $330.00 $92.91 $43.04 $54.14 $68.48 $179.80 $397.25 $37.75 $200.00
113 6666 $330.00 $98.59 $45.66 $57.45 $72.66 $190.77 $421.50 $40.04 $200.00
114 1 10972 $330.00 $162.27 $75.15 $94.55 $119.60 $314.00 $693.77 $65.91 $200.00
115 7283 $330.00 $107.71 $49.84 $62.74 $79.39 $208.37 $460.37 $43.75 $200.00
116 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
117 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
118 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
119 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
120 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
121 6300 $330.00 1 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
122 6300 $330.00 1 $93.17 $43.14 $54.29 $68.67 . $180.28 $398.32 $37.85 $200.00
document:\q\print\h 05-Apr-05
-`• EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5224 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due .
123 6300 $330.00 $93.17 $43.14 $54.29 $68.67 $180.28 $398.32 $37.85 $200.00
124 6595 $330.00 $97.54 $45.19 $56.84 $71.89 $188.76 $417.04 $39.63 $200.00
125 9777 $330.00 $144.60 $66.95 $84.25 $106.57 $279.79 $618.17 $58.74 $200.00
126 8065 $330.00 $119.28 $55.24 $69.50 $87.91 $230.80 $509.94 $48.45 $200.00
127 7085 $330.00 $104.78 $48.49 1 $61.04 $77.23 $202.72 $447.89 $42.57 $200.00
128 7085 $330.00 $104.78 $48.49 $61.04 $77.23 $202.72 $447.89 $42.57 $200.00
129 8677 $330.00 $128.33 $59.43 $74.77 $94.58 $248.31 $548.63 $52.14 $200.00
130 7593 $330.00 $112.30 $51.96 $65.42 $82.77 $217.24 $479.98 $45.61 $200.00
131 6813 $330.00 $100.76 $46.66 $58.71 $74.26 $194.97 $430.77 $40.92 $200.00
132 6813 $330.00 $100.76 $46.66 $58.71 $74.26 $194.97 $430.77 $40.92 $200.00
133 6782 $330.00 $100.30 $46.45 $58.44 $73.93 $194.08 $428.81 $40.75 $200.00
134 6574 $330.00 $97.23 $45.01 $56.64 $71.66 $188.11 $415.62 $39.49 $200.00
135 6741 $330.00 $99.69 $46.14 $58.08 $73.48 $192.87 $426.14 $40.49 $200.00
136 1 6758 $330.00 $99.95 $46.25 1 $58.22 $73.67 $193.36 $427.21 $40.59 $200.00
137 1 6758 $330.00 $99.95 $46.25 $58.22 $73.67 $193.36 $427.21 $40.59 $200.00
138 6758 $330.00 $99.95 $46.25 $58.22 $73.67 $193.36 $427.21 $40.59 $200.00
139 7592 $330.00 $112.28 $51.98 $65.42 $82.76 $217.24 $479.98 $45.61 $200.00
140 7592 $330.00 $112.28 $51.98 $65.42 $82.76 $217.24 $479.98 $45.61 $200.00
141 6758 $330.00 $99.95 $46.25 $58.22 $73.67 $193.36 $427.21 $40.59 $200.00
142 6758 $330.00 $99.95 $46.25 $58.22 $73.67 $193.36 $427.21 $40.59 $200.00
143 8390 $330.00 $124.08 $57.45 $72.29 $91.45 $240.08 $530.44 $50.41 $200.00
144 8160 $330.00 $120.68 $55.84 $70.30 $88.95 $233.47 $515.82 $49.02 $200.00
145 9606 $330.00 $142.07 $65.76 $82.77 $104.71 $274.86 $607.29 $57.70 $200.00
146 9474 $330.00 $140.11 $64.84 $81.62 $103.27 $271.07 $598.91 $56.92 $200.00
147 8446 $330.00 $124.91 $57.84 $72.78 $92.06 $241.70 $534.01 $50.74 $200.00
148 8126 $330.00 $120.18 $55.61 $70.01 $88.58 $232.50 $513.68 $48.82 $200.00
149 6649 $330.00 $98.33 $45.55 $57.30 $72.48 $190.29 $420.43 $39.94 $200.00
150 1 6649 $330.00 $98.33 $45.55 $57.30 $72.48 $190.29 $420.43 $39.94 $200.00
151 7592 $330.00 $112.28 $51.98 $65.42 $82.76 $217.24 1 $479.98 $45.61 $200.00
152 8137 $330.00 $120.34 $55.69 $70.11 $88.70 $232.82 $514.40 $48.88 $200.00
153 7412 $330.00 $109.62 $50.74 $63.86 $80.79 $212.08 $468.57 $44.53 $200.00
154 7412 $330.00 $109.62 $50.74 $63.86 $80.79 $212.08 $468.57 $44.53 $200.00
155 1 8012 $330.00 $118.49 1 $54.86 $69.04 $87.33 $229.27 $506.55 $48.14 $200.00
156 8462 $330.00 $125.15 $57.97 $72.92 $92.24 $242.18 1 $535.08 $50.84 $200.00
157 12125 $330.00 $179.32 $82.99 $104.47 $132.17 $346.93 $766.51 $72.85 $200.00
158 10640 $330.00 $157.36 $72.86 $91.68 $115.98 $304.48 $672.73 $63.92 $200.00
159 16375 $455.00 $242.18 $112.09 $141.09 $178.49 $468.54 $1,035.21 $98.37 $200.00
160 16371 $455.00 $242.12 $112.09 $141.06 $178.45 $468.46 $1,035.03 $98.35 $200.00
161 8418 $330.00 $124.50 $57.64 $72.54 $91.76 $240.89 $532.23 $50.57 $200.00
162 8299 $330.00 $122.74 $56.84 $71.51 1 $90.46 $237.50 $524.74 $49.86 1 $200.00
163 8379 $330.00 $123.92 $57.36 $72.20 1 $91.33 $239.76 $529.73 $50.33 1 $200.00
document:\q\print\h 05-Apr-05
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-5224 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Sewer Fire Neighborhood Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Lateral Station Park Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due
164 10607 $330.00 $156.87 $72.62 $91.39 $115.62 $303.51 $670.59 $63.72 $200.00
165 10536 $330.00 $155.82 $72.14 $90.78 $114.85 $301.50 $666.13 $63.31 $200.00
166 8379 $330.00 $123.92 $57.36 $72.20 $91.33 $239.76 $529.73 $50.33 $200.00
167 8379 $330.00 $123.92 $57.36 $72.20 $91.33 $239.76 $529.73 $50.33 $200.00
168 8379 $330.00 $123.92 $57.36 $72.20 $91.33 $239.76 $529.73 $50.33 $200.00
169 8379 $330.00 $123.92 $57.36 $72.20 $91.33 $239.76 $529.73 $50.33 $200.00
170 15542 $455.00 $229.86 $106.41 $133.92 $169.41 $444.74 $982.61 $93.37 $200.00
171 15668 $455.00 $231.72 $107.30 $135.01 $170.79 $448.37 $990.63 $94.14 $200.00
172 8172 $330.00 $120.86 $55.97 $70.42 $89.08 $233.87 $516.71 $49.10 $200.00
173 8665 $330.00 $128.15 $59.36 $74.67 $94.45 $247.99 $547.92 $52.06 $200.00
174 8712 $330.00 $128.84 $59.64 $75.06 $94.96 $249.28 $550.77 $52.33 $200.00
175 8712 $330.00 $128.84 $59.64 $75.06 $94.96 $249.28 $550.77 $52.33 $200.00
176 8712 $330.00 $128.84 $59.64 $75.06 $94.96 $249.28 $550.77 $52.33 $200.00
177 10607 $330.00 $156.87 $72.62 $91.39 $115.62 $303.51 $670.59 $63.72 $200.00
document:\q\print\h 05-Apr-05
r
Tract No. 5224/UGM
P.W. File No. 10713
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on Dec Ex as f ao , in the office of the Fresno County
Recorder as Document No. Q 004- Q a$SQwW of which the Deed of Trust in
by and between: p
Uouna r-lies Qaa4 L,P a Cal►�rnia L+rr,itec! �ar p h nas Trustor,
Ch`�c°`a�-r�{-fie n m oax'u , as Trustee,
and Ca 1► rni stink �'Tr ,St Q t d rniG kihaBeneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development for Certain Sewer Connection
Charges, Water Connection Charges, Urban Growth Management Fees and Development
Fees and Creation of Lien for Tract No. 5224.
DATED: I Q a00S
BENEFICIARY
��cha.rdt4�.i n0
Sr,V. P.
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
STATE OF CALIFORNIA,
COUNTY OF Fresno S.S.
On __ April 18, 2005 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Richard Andino
personally known to me
to be FOR NOTARY SEAL OR STAMP
the person) whose name($) Wam subscribed to
the within instrument and acknowledged to me that
he/shekhey- executed the same in his/herM"k
authorized capacity(iee), and that by his/he Itheir- EµUl.�f ANNA M.RENNA
signature(} on the instrument the person(pl, or a a' COMM.#1433198
the entity upon behalf of which the person(h) cc l NOTARY PUB LIC-CALIFORNIA N
acted, executed the instrument. H FRESNO COUNTY
`+ � .�` My Comm.Exp.Aug.30,2007
WITNESS my and and off la seal.
Signatur