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HomeMy WebLinkAboutT-5248 - Agreement/Covenant - 11/4/2005 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno W 2600 Fresno Street Fresno, CA 93721-3603 0dc—w U O U NO FEE -Government Code 6103 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 THE FINAL MAP OF TRACT NO. 5248, PHASE 2 OF VESTING TENTATIVE MAP NO. 5248 Statement of Covenants Fee Deferral Tract No. 5248 Page 2 RECITALS WHEREAS,Sunnyside Ridge Partners Il,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 70, inclusive, of Tract No. 5248 according to the map thereof recorded on loye'ro be r .!R , 20A06 in Volume , of Plats at Page(s) 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. 5248, Phase1 of Vesting Tentative Map No. 5248 (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 Statement of Covenants Fee Deferral Tract No. 5248 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 Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at the Statement of Covenants Fee Deferral Tract No. 5248 Page 4 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. 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. F Statement of Covenants Fee Deferral Tract No. 5248 Page 5 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 Propertyare fully satisfied. _ s ' Statement of Covenants Fee Deferral Tract No. 5248 Page 6 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 Fee Deferral Tract No. 5248 Page 7 DATED: CITY OF FRESNO, COVENANTOR a Municipal Corporation SUNNYSIDE RIDGE PARTNERS II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: BY: GENERATION HOMES, INC. Ni 4Pavino, Director A CALIFORNIA CORPORATION Plann' g and Development Department ITS MANAGER V-420 By: APPROVED AS TO FORM: Robert Wood, President HILDA CANTO-MONTOY City Attorney By: (Attach Notary Acknowledgment) Deputy K:\Louisr\FT 5248\FM 5248 Covenant fee deferral.wpd jb+ak 09-06-05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On W�Vd before me, ate Name and Title bf Officer "Jane Doe, ota Public") personally appeared 71 �_ YA , Name(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence DM*HARPER Commission# 1564505 [ to be the person(s) whose name(s) is/are Notary Publk-CagforNa subscribed to the within instrument and Fresno County – acknowledged to me that he/she/they executed WComm.ExpliresMor26,2009 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 se Signature of No ary lic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer 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: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On October 26, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Nick P. Yovino, Planning and Development Director, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he 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 E. KL ISCH, CMC CITY CLERK ' r � J By Deputy ' October 26;2005(2:40pm) EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OB'L'IGATIONS FOR TRACT 5248 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) 52 - 1.0 inch Meters @ $ 330.00 /Meter = $ 17,160.00 18 - 1.5 inch Meters @ $ 455.00 /Meter = $ 8,190.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: D 24.7109 Gross Acres @ $643.00 /ac. _ $ 15,889.11 Less TGM Credit _ $ 21,330.00 Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits D. Transmission Grid Main Bond Debt Service Charge - 24.7109 Gross Acres @ $243.00 /ac. = $ 6.004.75 Estimated Net Deferred TGM Bond Debt Service Charge = $ 6,004.75 E. Frontage Fee 809 Lineal Feet @ $ 6.50 /LF = $ 5,258.50 Estimated Deferred Frontage Fee = $ 5,258.50 F. . 1994 Bond Debt Service Fee 501 1994 Bond Debt Service Area: 70 Living Units @'$ 244.00/ Unit = $ 17.080.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 17.080.00 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: 35 200.900 Square Feet @ $0.05 / Sq. Ft. _ $ 10,045.00 Less Oversize Credit = $ 0.00 Less Overdepth Credit = $ 0.00. Estimated Deferred UGM Oversize Sewer Charge = $ 10,045.00 B. Lateral Sewer Charge 80.900 Square Feet @ $0.10 / Sq. Ft. _ $ 8.090.00 Estimated Deferred Lateral Sewer Charge = $ 8.090.00 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 t III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 15 24.7109 Gross Acres @ $ 605.00 /GA _ $Paid w/Agreement B. UGM Neighborhood Park Fee Service Area: 2 24.7109 Gross Acres @ $ 2,392.00 /GA = $Paid w/Agreement C. UGM Trunk Sewer Fee (Res.83-40) Service Area: Cornelia 24.7109 Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: D-1/E-2 21.8209 Net Adj Acres @ $ 3,161:00 /NAA = $ 68,975.86 Less Estimated Major Street Credits = $ 32.325.00 Estimated Deferred UGM Major Street Charge = $ 36,650.86 E. UGM Major Street Bridge Charge Service Area: D-1/E-2 21.8209 Net Adj Acres @ $ 304.00 /NAA = $ 6,633.55 Estimated Deferred UGM Major Street Bridge Charge = $ 6,633.55 F. UGM Grade Separation Charge Service Area: 21.8209 Net Adjusted Acres @ $ /NAA = $ N/A G. The following charges are not deferrable under the terms of this covenant: 1. UGM Major Street rights of way acquisition and construction 2. UGM Local Street rights of way acquisition and construction 3. UGM Major Street Bridge rights of way acquisition and construction IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES A. Traffic Signal Charge 70 Living Units @ $ 414.69 / Unit _ $ 29,028.30 Less Estimated Traffic Signal Credits = $170,000.00 Estimated Deferred Traffic Signal Charge = $Paid w/ Credits EXHIBIT"B"--PRORATED FEE OBLIGATIONS T-5248 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Major Lot Lot Meter Frontage Bond Debt Bond Debt Lateral Oversize Bridge No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 1 9279 $330.00 $66.40 $75.82 $244.00 $102.15 $126.84 $83.75 2 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 $65.72. 3 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 $65.72 4 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 "$65.72 N85 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 $65.72 6 7220 $330.00 $51.66 $59.00 $244.00 $79.48 $98.69 $65.18 7 7378 $330.00 . $52.79 $60.29 $244.00 $81.22 - $100.85 $66.61 7535 $330.00 $53.92 $61.58 $244.00 $82.95 $103.00 $68.00 9 8169 $330.00 $58.46 $66.75 $244.00 $89.93 $111.66 $73.75 10 8397 $330.00 $60.09 $68.62 $244.00, $92.44 $114.78 $75.79 11 7910 $330.00 $56.60 $64.64 $244.00 $87.08 $108.12 $71.41 12 7995 $330.00 $57.21 $65.32 $244.00 $88.02 $109.28 $72.17 13 11049 $330.00 $79.06 $90.27 $244.00 $121.64 $151.03 $99.74 14 8261 $330.00 $59.11 $67.51 $244.00 $90.94 $112.92 $74.57 15 8036 $330.00 $57.50 $65.66 $244.00 $88.47 $109.85 $72.53 16 7910 $330.00 $56.60 $64.64 $244.00 $87.08 $108.12 $71.41 17 8475 $330.00 $60.64 $69.26 $244.00 $93.30 $115.85 $76.52 18 7910 $330.00 $56.60 $64.64 $244.00 $87.08 $108.12 $71.41 19 7820 $330.00 $55.96 $63.91 $244.00 $86.09 $106.89 $70.59 20 8179 $330.00 $58.53 $66.83 $244.00 $90.04 $11.1.80 $73.84 21 7974 $330.00 $57.06 $65.15 $244.00 $87.78 $109.00 $71.99 22 8200 $330.00 $58.68 $67.00 $244.00 $90.27 $112.09 $74.02 23 8722 $330.00 $62.41 $71.27 $244.00 $96.02 $119.22 $78.74 24 8250 $330.00 $59.03 $67.41 $244.00 $90.82 $112.77 $74.48 25 8250 $330.00 $59.03 $67.41 $244.00 $90.82 $112.77 $74.48. 26 7700 $330.00 $55.10 $62.91 $244.00 $84.77 $105.25 $69.49 27 7700 $330.00 - $55.10 $62.91 .$244.00 $84.77 $105.25 $69.49 28 8250 $330.00 $59.03 $67.41 $244.00 $90.82 $112.77 $74.48 29 7700 $330.00 $55.10 $62.91 $244.00 $84.77 $105.25 $69.49 30 8242 $330.00 $58.98 $67.34 $244.00 $90.73 $112.66 $74.39 31 8381 $330.00 $59.97 $68.48 $244.00 $92.26 $114.56 $75.67 32 10422 $330.00 $74.58 $85.17 $244.00 $114.73 $142.46 $94.09 33 9658 $330.00 $69.11 $78.93 $244.00 $106.32 $132.02 $87.19 34 15377 $455.00 $110.03. $125.66 $244.00 $169.28 $210.19 $138.81 35 17960 $455.00 $128.52 $146.75 $244.00 $197.72 $245.50 $162.12 36 17732 $455.00 $126.89 $144.90 $244.00 $195.21 $242.38 $160.06 37 13863 $455.00 $99.20 $113.29 $244.00 $152.62 $189.50 $125.13 38 9098 $330.00 $65.10 $74.33 $244.00 $100.16 $124.36 $82.14 39 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 40 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 41 9098 $330.00 $65.10 $74.33 $244.00 $100.16 1 $124.36 $82.14 . EXHIBIT"6"--PRORATED FEE 013LIGATION5 T-5248 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Major Lot Lot Meter Frontage Bond Debt Bond Debt Lateral Oversize Bridge No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due- 42 13862 $455.00 $99.19 $1.13.26 $244.00 $152.60 $189.48 $125.13 43 17732 $455.00 $126.89 $144.90 $244.00 $195.21 $242.38 $160.06 44 17732 $455.00 $126.89 $144.90 $244.00 $195.21 $242.38 $160.06 45 13863 $455.00 $99.20 $113.29 $244.00 $152.62 $189.50 $125.13 46 9098 $330.00 $65.10 . $74.33 $244.00 $100.16 $124.36 $82.14 47 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 48 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 49 9098 $330.00 $65.10 $74.33 $244.00 $100.16 $124.36 $82.14 50 13862 $455.00 $99.19 $113.26 $244.00 $152.60 $189.48 $125.13 51 17732 $455.00 $126.89 $144.90 $244.00 $195.21 $242.38 $160.06 52 17732 $455.00 $126.89 $144.90 $244.00 $195.21 $242.38 $160.06 53 13863 $455.00 $99.20 $113.29 $244.00 $152.62 $189.50 $125.13 54 9098 $330.00 $65.10 $74.33 $244.00 $100.16 $124.36 $82.14 55 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 56 1 9822 $330.00 $70.28 $80.26 $244.00 $108.13 $134.26 $88.68 57 9039 $330.00 $64.68 $73.85 $244.00 $99.51 $123.56 $81.59 58 13629 $455.00 $97.53 $111.37 $244.00 $150.04 $186.30 $123.03 59 17913 $455.00 $128.18 $146.36 $244.00 $197.20 $244.86 $161.70 60 18296 $455.00 $130.92 $149.49 $244.00 $201.42 $250.09 $165.16 61 16980 $455.00 $121.50 $138.75 $244.00 $186.93 $232.10 $153.28 62 10910 $330.00 $78.07 $89.16 $244.00 $120.11 $149.13 $98.50 63 14705 $455.00 $105.22 $120.16 $244.00 $161.88 $201.00 $132.73 64 17557 $455.00 $125.63 $143.47 $244.00 $193.28 $239.99 $158.48 65 10280 $330.00 $73.56 $84.01 $244.00 $113.17 $140.52 $92.81 66 8172 $330.00 $58.48 $66.78 $244.00 $89.96 $111.70 $73.78 67 7722 $330.00 $55.26 $63.11 $244.00 $85.01 $105.55 $69.71 68 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 $65.72 69 7280 $330.00 $52.09 $59.49 $244.00 $80.14 $99.51 $65.72 70 9279 $330.00 $66.40 $75.82 $244.00 $102.15 $126.84 $83.75 734866 $25,350.00 $5,258.50 $6,004.77 $17,080.00 $8,090.00 $10,045.00 $6,633.74 document:\q\print\h 04-Oct-05 Tract No. 5248 P.W. File No. 10784 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 15, 2005 in the office of the Fresno County Recorder as Document No. 2005-0083637 of which the Deed of Trust in by and between: Sunnyside Ridge Partners II,_LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation.Manager as Trustor, Financial Title , as Trustee, and Housing Capital Company , as Beneficiary, 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 the Final Map of Tract No. 5248, Phase q of Vesting Tentative Map No. 5248. DATED: 10/7/05 BENEFICIARY Housing Capital Company Geraud Smith, Vice President (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) Y 0 IS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California C Y ss. Count of On v �� before me11 WaxA Date '' }{, Name and Title of 011icer(e.g.,'Jane Doe,Notary Pu!')'c personally appeared Names)of Signer(s) >f-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are DIANE HARPER subscribed to the within instrument and ConmWon#1564505 acknowledged to me that he/she/they executed •,� wor ry Public-CaN W the same in his/her/their authorized FmmCourby capacity(ies), and that by his/her/their MyC0mrn.b0WMor26, 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. Signa re of Notary1lublic _ OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General El Attorney-in-Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Tract No. 5248 P.W. File No. 10784 SUBORDINATION The undersigned as holder of the beneficial.interest in and under that certain Deed of Trust recorded on __ April 1.5, 2005e the office of the Fresno County Recorder as Document No. 2005-0083637 of which the Deed of Trust in by and between:. Sunnyside Ridge Partners II,LLC,a CA Limited Liability Company by Generation Homes,Inc.a CA Corporation Manager as Trustor, Financial Title , as Trustee, and Sunnyside Project,_LLC , as Beneficiary, 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 the Final Map of Tract No. 5248, Phaseof Vesting Tentative Map No. 5248. DATED: 10/7/05 NEFICIA Y unnysid roject, LLC By: Granville Management, LAC Farid Assemi, President (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On \V' I J before me, I Nate Name and Title o nicer(e. .,"Jane Doe,Notary)Iblic") personally appeared _wwd:N�tm\ v Name(s)of Signers) personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and DIANE HARPER acknowledged to me that he/she/they executed Cornmiasion# 1564508 the same in his/her/their authorized 'i Notary Public-Callfwft capacity(ies), and that by his/her/their FresmCourdy signature(s)on the instrument the person(s), or MiliCamm.ExpliaMar2424 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official . Signature of taryu 1'c OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer 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: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827