HomeMy WebLinkAboutT-5445 - Agreement/Covenant - 8/31/2006 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
0813011006,2006018Z591
NO FEE - Government Code 6103
CITY of FRESNO
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Planning and Development Department
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CL 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 MAPS OF TRACT NO. 5445, PHASE 2 OF VESTING
TENTATIVE MAP NO. 5295 AND TRACT NO. 5446, PHASE 3 OF
VESTING TENTATIVE MAP NO. 5258
Statement of Covenants
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 2
RECITALS
WHEREAS,McMILLIN SUNNYSIDE RANCH,LLC,a Delaware 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 77, inclusive, of Tract No. 5445 according to the map thereof
recorded on kjoi/s f �30 , 200,E in Volume U 17 of
Plats at Page(s) c.�/ -Aru 3 , Fresno County Records; and
Lots 1 through 75, inclusive, of Tract No. 5446 according to the map thereof
recorded on AuntzSi ,30 , 20 (o in Volume T_, of
Plats at Page(s) 11 441 ru 2n 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 Nos. 5258 and 5295
(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 Exhibits"A.1"and"A.2",to the
Statement of Covenants
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 3
time of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604
of the Fresno Municipal Code; and
WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for the
Project 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 Exhibits"A.1"and "A.2" 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,
Statement of Covenants
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 4
parcel, unit or building as identified on the attached Exhibits"BY'and "13.2", at anytime after the
recordation of this instrument. The Fee obligations stated in said Exhibits "13.1" and "13.2" 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 Exhibits "A.1" and "A.2" 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 Exhibits "A.1" and "A.2", 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
Statement of Covenants
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 5
final inspection of a building. This time period approximates with the Uniform Building Code and
Fresno Municipal Code period which provides for an active permit life of 180 days, after last
inspection,with provisions for one(1)extension of said permit, not to exceed a period of 180 days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
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
Statement of Covenants
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 6
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
Fee Deferral
Final Maps of Tract Nos. 5445 and 5446
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
McMILLIN SUNNYSIDE RANCH, LLC,
a Delaware Limited Liability Company
By: McMillin Management Services, LP,
By: a California Limited Partnership,
tNicYovino, Director as Manager
d Development Department
By: Corky McMillin Construction Services, Inc.,
as General Partner
APPROVED AS TO FORM: By:
Bill Walls, Vice President
JAMES C. SANCHEZ
City Attorney
By:
Bert Almaguer, ' e President
By:
Deputy
KACONSULTANT SERVICES-URS\URS T-5446\5445 and
5446 Docs\T5445 and T5446 Covenant fee deferral
v06-07-07.wpd
jb+ak 09-06-05
(Attach Notary Acknowledgment)
State of California )
County of Tulare )
On July 27, 2006 before me J. STURGEON � �
b � ,
DATE NAME,TITLE OF OFFICER
Personally appeared BILL WALLS AND BERT ALMAGUER
NAME(S)OF SIGNER(S)
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 the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
LjVLJ,. 8TURGE0N
1�b5d$44WITNESS my hand and official seal. TULARE Yas 0ea TY
as aw
SIG TURE OF THE NOTARY
Tract Nos. 5445 and 5446
P.W. File No. 10903
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on January 10, 2006 , in the office of the Fresno County Recorder
as Document No. 2006-0005140 of which the Deed of Trust in by and between:
MCMILLIN SUNNYSIDE RANCH, LLC, a Delaware limited liability co. as Trustor,
PRLAP, INC. , as Trustee,
and BANK OF AMERICA, national association
as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Statement of Covenants Affecting Land Development Deffering Certain Sewer
Connection Charges, Water Connection Charges, Urban Growth Management Fees to the
Time of Issuance of Certificate of Occupancy and Development Fees and Creation of Lien for
the Final Maps of Tract No. 5445, Phase 2 of Vesting Tentative Map No. 5295 and Tract No.
5446, Phase 3 of Vesting Tentative Map No. 5258.
DATED: 7
BENEFICIARY
BANK OF AMERICA, national association
B Y:
BY:
C n t-k til j V-. F;
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
State of California )
County of San Diego )
On July 28, 2006 ,before me, Peggy J. French, Notary Public
DATE NAME,TITLE OF OFFICER
Personally appeared Ronald V. Montoro and Cinthya Y. Martinez ,
NAMES)OF SIGNER(S)
Personally known to me (o� �e�-to rne -- te�asig-e�-s> is€aeter} viderncj to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that
hetshe/they executed the same in hisAmr/their authorized capacity(ies), and that by tftl=/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.
PEGGY J. FRENCH
Notpry PubNc - CollfOmla
San Diego County
SIGNATURE OF THE NOTARY MV Com Expires Jan 8,2007
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On August 18. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Nick P. Yovino. Planning and Development Director, personally known to me
(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to be within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
Q
4
ByJ
Deputy
EXHIBIT "A.1" T-5445
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5445
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 - 1.0 inch Meters @ $ 330.00 /Meter = $ 23.280.00
5 - 1.5 inch Meters @ $ 455.00 /Meter = $ 2,275.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: non/D
22.5672 Gross Acres @ $643.00 /ac. _ $ 14,510.71
Estimated Net Deferred UGM TGM Charge = $ 14,510.71
D. Transmission Grid Main Bond Debt Service Charge
22.5672 Gross Acres @ $243.00 /ac. _ $ 5,483.83
Estimated Net Deferred TGM Bond Debt Service Charge = $ 5.483.83
E. Frontage Fee
2.512 Lineal Feet @ $ 6.50 /LF = $ 16,328.00
Estimated Deferred Frontage Fee = $ 16,328.00
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
25 Living Units @ $ 93.00/ Unit (Lots 53-77) _ $ 2,325.00
Estimated Deferred 1994 Bond Debt Service Fee = $ 2,325.00
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: non/35
261,300 Square Feet @ $0.05/ Sq. Ft. _ $ 13,065.00
Less Oversize Credit = $ 10,258.00
Less Overdepth Credit = $ 3,051.00
Estimated Deferred UGM Oversize Sewer Charge = $Paid w/ Credits
B. Lateral Sewer Charge
261,300 Square Feet @ $0.10 / Sq. Ft. _ $ 16,880.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ lNAA = $ 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 (Lots 53-77)
7.5011 Gross Acres @ $ 605.00 /GA = $ 4,538.17
B. UGM Neighborhood Park Fee
Service Area: 2 (Lots 53-77)
7.5011 Gross Acres @ $ 2,392.00 /GA = $ 19,773.00
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Fowler
7.5011 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2 (Lots 53-77)
6.3174 Net Adj Acres @ $ 3,161.00 /NAA = $ 19,969.30
Less Estimated Major Street Credits = $900,187.00
Estimated Deferred UGM Major Street Charge = $Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2 (Lots 53-77)
6.3174 Net Adj Acres @ $ 304.00 /NAA = $ 1,920.49
Less Estimated Major Street Bridge Credits = $350,000.00
Estimated Deferred UGM Major Street Bridge Charge = $Paid w/ Credits
F. UGM Grade Separation Charge
Service Area:
6.3174 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
77 Living Units @ $ 414.69 / Unit = $ 31,931.13
Less Estimated Major Street Bridge Credits = $ 39,941.00
Estimated Deferred Traffic Signal Charge = $Paid w/ Credits
document:\wp51\deferral\t5445exhibM July 12,2006
EXHIBIT "A.2" T-5446
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5446
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)
69 - 1.0 inch Meters @ $ 330.00 /Meter = $ 22,770.00
6 - 1.5 inch Meters @ $ 455.00 /Meter = $ 2,730.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: non/D
24.5348 Gross Acres @ $643.00 /ac. _ $ 15,775.88
Estimated Net Deferred UGM TGM Charge = $ 15,775.88
D. Transmission Grid Main Bond Debt Service Charge
24.5348 Gross Acres @ $243.00 /ac. _ $ 5,961.96
Estimated Net Deferred TGM Bond Debt Service Charge = $ 5,961.96
E. Frontage Fee
1,756 Lineal Feet @ $ 6.50 /LF = $ 11,414.00
Estimated Deferred Frontage Fee = $ 11,414.00
F. 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Area.
9 Living Units @ $ 93.00/ Unit (Lots 67-75) _ $ 837.00
Estimated Deferred 1994 Bond Debt Service Fee = $ 837.00
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: non/35
175,600 Square Feet @ $0.05/ Sq. Ft. _ $ 8,780.00
Less Oversize Credit = $ 244.00
Less Overdepth Credit = $ 0.00
Estimated Deferred UGM Oversize Sewer Charge = $ 8,536.00
B. Lateral Sewer Charge
175.600 Square Feet @ $0.10 / Sq. Ft. _ $ 17,560.00
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
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 15 (Lots 67-75)
3.1908 Gross Acres @ $ 605.00 /GA = $ 1,930.43
B. UGM Neighborhood Park Fee
Service Area: 2 (Lots 67-75)
3.1908 Gross Acres @ $ 2,392.00 /GA = $ 7,632.39
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Fowler
3.1908 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2 (Lots 67-75)
2.3960 Net Adj Acres @ $ 3,161.00 /NAA = $ 7.573.73
Less Estimated Major Street Credits = $880,217.70
Estimated Deferred UGM Major Street Charge = $Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2 (Lots 67-75)
2.3960 Net Adj Acres @ $ 304.00/NAA = $ 728.38
Less Estimated Major Street Bridge Credits = $348,079.51
Estimated Deferred UGM Major Street Bridge Charge = $Paid w/ Credits
F. UGM Grade Separation Charge
Service Area:
2.3960 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
75 Living Units @ $ 414.69 / Unit = $ 31,101.75
Less Estimated Major Street Bridge Credits = $ 8,009.87
Estimated Deferred Traffic Signal Charge = $ 23,091.88
document:\wp51\deferral\t5446exhibitA July 12,2006
EXHIBIT "B.1" --PRORATED FEE OBLIGATIONS FOR TRACT 5445
T-5445 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Fire Neighborhood
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Station Park
No. Area Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due
1 7400 $330.00 $181.51 $161.33 $60.97 $0.00 $187.64 $0.00 $0.00
2 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
3 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
4 7700 $330.00 $188.86 $167.82 $63.42 $0.00 $195.25 $0.00 $0.00
5 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
6 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
7 7147 $330.00 $175.30 $155.80 $58.88 $0.00 $181.23 $0.00 $0.00
8 8991 $330.00 $220.53 $195.99 $74.07 $0.00 $227.99 $0.00 $0.00
9 13077 $455.00 $320.75 $285.04 $107.72 $0.00 $331.59 $0.00 $0.00
10 11941 $330.00 $292.89 $260.29 $98.37 $0.00 $302.79 $0.00 $0.00
11 8125 $330.00 $199.29 $177.08 $66.92 $0.00 $206.03 $0.00 $0.00
12 8125 $330.00 $199.29 $177.08 $66.92 $0.00 $206.03 $0.00 $0.00
13 8125 $330.00 $199.29 $177.08 $66.92 $0.00 $206.03 $0.00 $0.00
14 8125 $330.00 $199.29 $177.08 $66.92 $0.00 $206.03 $0.00 $0.00
15 8125 $330.00 $199.29 $177.08 $66.92 $0.00 $206.03 $0.00 $0.00
16 8057 $330.00 $197.62 $175.60 $66.36 $0.00 $204.30 $0.00 $0.00
17 9290 $330.00 $227.86 $202.48 $76.52 $0.00 $235.57 $0.00 $0.00
18 14810 $455.00 $363.26 $322.85 $122.01 $0.00 $375.54 $0.00 $0.00
19 9765 $330.00 $239.51 $212.83 $80.43 $0.00 $247.61 $0.00 $0.00
20 8798 $330.00 $215.80 $191.81 $72.49 $0.00 $223.09 $0.00 $0.00
21 9160 $330.00 $224.68 $199.65 $75.45 $0.00 $232.27 $0.00 $0.00
22 8948 $330.00 $219.48 $195.02 $73.70 $0.00 $226.90 $0.00 $0.00
23 8771 $330.00 $215.13 $191.16 $72.24 $0.00 $222.41 $0.00 $0.00
24 8753 $330.00 $214.69 $190.78 $72.10 $0.00 $221.95 $0.00 $0.00
25 8746 $330.00 $214.52 $190.65 $72.05 $0.00 $221.77 $0.00 $0.00
26 8763 $330.00 $214.94 $191.04 $72.20 $0.00 $222.20 $0.00 $0.00
27 13092 $455.00 $321.12 $285.36 $107.84 $0.00 $331.98 $0.00 $0.00
28 9644 $330.00 $236.55 $210.20 $79.44 $0.00 $244.54 $0.00 $0.00
29 8147 $330.00 $199.83 $177.60 $67.12 $0.00 $206.58 $0.00 $0.00
30 8114 $330.00 $199.02 $176.89 $66.85 $0.00 $205.75 $0.00 $0.00
31 7764 $330.00 $190.43 $169.24 $63.96 $0.00 $196.87 $0.00 $0.00
32 8174 $330.00 $200.49 $178.18 $67.34 $0.00 $207.27 $0.00 $0.00
33 8174 $330.00 $200.49 $178.18 $67.34 $0.00 $207.27 $0.00 $0.00
34 7920 $330.00 $194.26 $172.65 $65.25 $0.00 $200.83 $0.00 $0.00
35 7920 $330.00 $194.26 $172.65 $65.25 $0.00 $200.83 $0.00 $0.00
36 7920 $330.00 1 $194.26 $172.65 $65.25 $0.00 $200.83 $0.00 $0.00
document:\q\print\h 12-Jul-06
EXHIBIT "B.1" --PRORATED FEE OBLIGATIONS FOR TRACT 5445
T-5445 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Fire Neighborhood
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Station Park
No. Area Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due
37 10395 $330.00 $254.97 $226.59 $85.63 $0.00 $263.59 $0.00 $0.00
38 8754 $330.00 $214.72 $190.84 $72.12 $0.00 $221.98 $0.00 $0.00
39 8403 $330.00 $206.11 $183.19 $69.23 $0.00 $213.08 $0.00 $0.00
40 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
41 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
42 7700 $330.00 $188.86 $167.82 $63.42 $0.00 $195.25 $0.00 $0.00
43 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
44 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
45 7624 $330.00 $187.00 $166.22 $62.82 $0.00 $193.32 $0.00 $0.00
46 7624 $330.00 $187.00 $166.22 $62.82 $0.00 $193.32 $0.00 $0.00
47 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
48 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
49 7700 $330.00 $188.86 $167.82 $63.42 $0.00 $195.25 $0.00 $0.00
50 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
51 7150 $330.00 $175.37 $155.86 $58.90 $0.00 $181.30 $0.00 $0.00
52 8121 $330.00 $199.19 $177.02 $66.90 $0.00 $205.93 $0.00 $0.00
53 12084 $330.00 $296.40 $263.44 $99.56 $93.00 $306.42 $242.67 $959.43
54 8691 $330.00 $213.17 $189.43 $71.59 $93.00 $220.38 $174.54 $690.09
55 9426 $330.00 $231.20 $205.44 $77.64 $93.00 $239.02 $189.30 $748.46
56 9427 $330.00 $231.22 $205.50 $77.66 $93.00 $239.04 $189.30 $748.46
57 8691 $330.00 $213.17 $189.43 $71.59 $93.00 $220.38 $174.54 $690.09
58 12243 $330.00 $300.30 $266.85 $100.85 $93.00 $310.45 $245.87 $972.11
59 9318 $330.00 $228.55 $203.12 $76.76 $93.00 $236.28 $187.13 $739.85
60 8019 $330.00 $196.69 $174.77 $66.05 $93.00 $203.34 $161.05 $636.75
61 10953 $330.00 $268.65 $238.75 $90.23 $93.00 $277.74 $219.98 $869.73
62 7289 $330.00 $178.78 $158.89 $60.05 $93.00 $184.83 $146.41 $578.86
63 6421 $330.00 $157.49 $139.98 $52.90 $93.00 $162.82 $128.99 $509.97
64 6759 $330.00 $165.78 $147.31 $55.67 $93.00 $171.39 $135.76 $536.76
65 6994 $330.00 $171.55 $152.46 $57.62 $93.00 $177.35 $140.48 $555.42
66 7044 $330.00 $172.77 $153.55 $58.03 $93.00 $178.62 $141.45 $559.25
67 6938 $330.00 $170.17 $151.23 $57.15 $93.00 $175.93 $139.33 $550.88
68 8107 $330.00 $198.85 $176.70 $66.78 $93.00 $205.57 $162.81 $643.69
69 13844 $455.00 $339.56 $301.76 $114.04 $93.00 $351.04 $278.06 $1,099.36
70 11835 $330.00 $290.29 $257.97 $97.49 $93.00 $300.10 $237.70 $939.82
71 13864 $455.00 $340.05 $302.21 $114.21 $93.00 $351.55 $278.42 $1,100.80
72 8053 $330.00 $197.52 $175.54 $66.34 $93.00 $204.20 $161.72 $639.38
73 7895 $330.00 $193.65 $172.07 $65.03 $93.00 $200.19 $158.57 $626.94
document:\q\print\h 12-Jul-06
EXHIBIT "13.1" -- PRORATED FEE OBLIGATIONS FOR TRACT 5445
T-5445 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Fire Neighborhood
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Station Park
No. Area Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due
74 7986 $330.00 $195.88 $174.06 $65.78 $93.00 $202.50 $160.39 $634.12
75 8070 $330.00 $197.94 $175.92 $66.48 $93.00 $204.63 $162.08 $640.82
76 7462 $330.00 $183.03 $162.68 $61.48 $93.00 $189.21 $149.86 $592.50
77 8546 $330.00 $209.62 $186.28 $70.40 $93.00 $216.70 $171.64 $678.61
document:\q\print\h 12-Jul-06
• • EXHIBIT"B.2"--PRORATED FEE OBLIGATIONS FOR TRACT 5446
T-5446 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Fire Neighborhood Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Station Park Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
1 10272 $330.00 $173.08 $239.26 $90.42 $0.00 $266.28 $129.44 $0.00 $0.00 $307.91
2 6326 $330.00 $106.59 $147.31 $55.67 $0.00 $163.99 $79.72 $0.00 $0.00 $307.91
3 5741 $330.00 $96.74 $133.68 $50.52 $0.00 $148.83 $72.34 $0.00 $0.00 $307.91
4 5761 $330.00 $97.07 $134.19 $50.71 $0.00 $149.34 $72.60 $0.00 $0.00 $307.91
5 6183 $330.00 $104.18 $143.97 $54.41 $0.00 $160.28 $77.91 $0.00 $0.00 $307.91
6 6342 $330.00 $106.86 $147.70 $55.82 $0.00 $164.41 $79.92 $0.00 $0.00 $307.91
7 8233 $330.00 $138.73 $191.74 $72.46 $0.00 $213.43 $103.75 $0.00 $0.00 $307.91
8 8925 $330.00 $150.39 $207.88 $78.56 $0.00 $231.37 $112.47 $0.00 $0.00 $307.91
9 8707 $330.00 $146.71 $202.80 $76.64 $0.00 $225.71 $109.72 $0.00 $0.00 $307.91
10 9316 $330.00 $156.98 $216.95 $81.99 $0.00 $241.50 $117.40 $0.00 $0.00 $307.91
11 9191 $330.00 $154.87 $214.05 $80.89 $0.00 $238.26 $115.82 $0.00 $0.00 $307.91
12 8059 $330.00 $135.80 $187.69 $70.93 $0.00 $208.92 $101.56 $0.00 $0.00 $307.91
13 7540 $330.00 $127.05 $175.60 $66.36 $0.00 $195.46 $95.01 $0.00 $0.00 $307.91
14 7161 $330.00 $120.66 $166.79 $63.03 $0.00 $185.64 $90.24 $0.00 $0.00 $307.91
15 6969 $330.00 $117.43 $162.29 $61.33 $0.00 $180.66 $87.82 $0.00 $0.00 $307.91
16 6995 $330.00 $117.87 $162.94 $61.58 $0.00 $181.33 $88.15 $0.00 $0.00 $307.91
17 7241 $330.00 $122.01 $168.66 $63.74 $0.00 $187.71 $91.25 $0.00 $0.00 $307.91
18 7681 $330.00 $129.43 $178.88 $67.60 $0.00 $199.12 $96.79 $0.00 $0.00 $307.91
19 8267 $330.00 $139.30 1 $192.51 $72.75 $0.00 $214.31 $104.18 $0.00 $0.00 $307.91
20 8728 $330.00 $147.07 $203.25 $76.81 $0.00 $226.26 $109.99 $0.00 $0.00 $307.91
21 9105 $330.00 $153.42 $212.06 $80.14 $0.00 $236.03 $114.74 $0.00 $0.00 $307.91
22 11737 $330.00 $197.77 $273.34 $103.30 $0.00 $304.26 $147.90 $0.00 $0.00 $307.91
23 8610 $330.00 $145.08 $200.55 $75.79 $0.00 $223.20 $108.50 $0.00 $0.00 $307.91
24 7600 $330.00 $128.06 $177.02 $66.90 $0.00 $197.02 $95.77 $0.00 $0.00 $307.91
25 7632 $330.00 $128.60 $177.73 $67.17 $0.00 $197.85 $96.17 $0.00 $0.00 $307.91
26 7404 $330.00 $124.76 $172.45 $65.17 $0.00 $191.94 $93.30 $0.00 $0.00 $307.91
27 9921 $330.00 $167.17 $231.03 $87.31 $0.00 $257.19 $125.02 $0.00 $0.00 $307.91
28 7928 $330.00 $133.59 $184.67 $69.79 $0.00 $205.52 $99.90 $0.00 $0.00 $307.91
29 6750 $330.00 $113.74 $157.21 $59.41 $0.00 $174.98 $85.06 $0.00 $0.00 $307.91
30 6835 $330.00 $115.17 $159.21 $60.17 $0.00 $177.19 $86.13 $0.00 $0.00 $307.91
31 7471 $330.00 $125.89 $174.00 $65.76 $0.00 $193.67 $94.15 $0.00 $0.00 $307.91
32 7471 $330.00 $125.89 $174.00 $65.76 $0.00 $193.67 $94.15 $0.00 $0.00 $307.91
33 7471 $330.00 $125.89 $174.00 $65.76 $0.00 $193.67 $94.15 $0.00 $0.00 $307.91
34 6991 $330.00 $117.80 $162.81 $61.53 $0.00 $181.23 $88.10 $0.00 $0.00 $307.91
35 7931 $330.00 $133.64 $184.73 $69.81 $0.00 $205.60 $99.94 $0.00 $0.00 $307.91
36 14564 $455.00 $245.41 $339.18 $128.18 $0.00 $377.55 $183.53 $0.00 $0.00 $307.91
37 15455 $455.00 $260.42 $359.95 $136.03 $0.00 $400.65 $194.76 $0.00 $0.00 $307.91
38 16437 $455.00 $276.97 $382.78 $144.66 $0.00 $426.10 $207.13 $0.00 $0.00 $307.91
39 16799 $455.00 $283.07 $391.27 $147.87 $0.00 $435.49 $211.69 $0.00 $0.00 $307.91
40 9440 $330.00 $159.07 $219.84 $83.08 $0.00 $244.72 $118.96 $0.00 $0.00 $307.91
41 9863 $330.00 $166.19 $229.68 $86.80 $0.00 $255.68 $124.29 $0.00 $0.00 $307.91
42 8698 $330.00 $146.56 $202.54 $76.55 $0.00 $225.48 $109.61 $0.00 $0.00 $307.91
43 11339 $330.00 $191.06 $264.08 $99.80 $0.00 $293.94 $142.89 $0.00 $0.00 $307.91
44 12766 $455.00 $215.11 $297.32 $112.36 $0.00 $330.94 1 $160.87 $0.00 $0.00 $307.91
45 10399 1 $330.00 1 $175.22 $242.22 1 $91.54 $0.00 $269.58 1 $131.04 1 $0.00 1 $0.00 $307.91
document:\q\print\h 12-Jul-06
• EXHIBIT"13.2"--PRORATED FEE OBLIGATIONS FOR TRACT 5446
T-5446 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Fire Neighborhood Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Station Park Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
46 9372 $330.00 $157.92 $218.30 $82.50 $0.00 $242.95 $118.10 $0.00 $0.00 $307.91
47 6649 $330.00 $112.04 $154.83 $58.51 $0.00 $172.36 $83.79 $0.00 $0.00 $307.91
48 6324 $330.00 $106.56 $147.31 $55.67 $0.00 $163.94 $79.69 $0.00 $0.00 $307.91
49 7279 $330.00 $122.65 $169.49 $64.05 $0.00 $188.70 $91.73 $0.00 $0.00 $307.91
50 9674 $330.00 $163.01 $225.31 $85.15 $0.00 $250.78 $121.91 $0.00 $0.00 $307.91
51 7801 $330.00 $131.45 $181.71 $68.67 $0.00 $202.23 $98.30 $0.00 $0.00 $307.91
52 7823 $330.00 $131.82 $182.16 $68.84 $0.00 $202.80 $98.58 $0.00 $0.00 $307.91
53 7882 $330.00 $132.81 $183.58 $69.38 $0.00 $204.33 $99.32 $0.00 $0.00 $307.91
54 8207 $330.00 $138.29 $191.16 $72.24 $0.00 $212.75 $103.42 $0.00 $0.00 $307.91
55 8316 $330.00 $140.13 $193.67 $73.19 $0.00 $215.58 $104.79 $0.00 $0.00 $307.91
56 8481 $330.00 $142.91 $197.53 $74.65 $0.00 $219.86 $106.87 $0.00 $0.00 $307.91
57 10345 $330.00 $174.31 $240.93 $91.05 $0.00 $268.18 $130.36 $0.00 $0.00 $307.91
58 10031 $330.00 $169.02 $233.60 $88.28 $0.00 $260.04 $126.41 $0.00 $0.00 $307.91
59 9147 $330.00 $154.13 $213.03 $80.51 $0.00 $237.12 $115.27 $0.00 $0.00 $307.91
60 10907 $330.00 $183.78 $254.05 $96.01 $0.00 $282.75 $137.44 $0.00 $0.00 $307.91
61 14807 $455.00 $249.50 $344.84 $130.32 $0.00 $383.85 $186.59 $0.00 $0.00 $307.91
62 9952 $330.00 $167.69 $231.80 $87.60 $0.00 $257.99 $125.41 $0.00 $0.00 $307.91
63 1 9489 $330.00 $159.89 1 $221.00 $83.52 $0.00 $245.99 $119.58 $0.00 $0.00 $307.91
64 10831 $330.00 $182.50 $252.25 $95.33 $0.00 $280.78 $136.49 $0.00 $0.00 $307.91
65 7920 $330.00 $133.45 $184.48 $69.72 $0.00 $205.31 $99.80 $0.00 $0.00 $307.91
66 7735 $330.00 $130.34 $180.17 $68.09 $0.00 $200.52 $97.47 $0.00 $0.00 $307.91
67 11988 $330.00 $202.00 $279.19 $105.51 $93.00 $310.77 $151.07 $262.51 $1,037.89 $307.91
68 8691 $330.00 $146.44 $202.42 $76.50 $93.00 $225.30 $109.52 $190.33 $752.52 $307.91
69 9426 $330.00 $158.83 $219.52 $82.96 $93.00 $244.35 $118.78 $206.43 $816.15 $307.91
70 9426 $330.00 $158.83 $219.52 $82.96 $93.00 $244.35 $118.78 $206.43 $816.15 $307.91
71 8691 $330.00 $146.44 $202.42 $76.50 $93.00 $225.30 $109.52 $190.33 $752.52 $307.91
72 11847 $330.00 $199.62 $275.91 $104.27 $93.00 $307.11 $149.29 $259.42 $1,025.69 $307.91
73 1 10685 $330.00 $180.04 $248.84 $94.04 $93.00 $276.99 $134.65 $233.95 $924.99 $307.91
74 8663 $330.00 $145.97 $201.77 $76.25 $93.00 $224.57 $109.17 $189.73 $750.13 $307.91
75 8738 1 $330.00 $147.24 $203.51 1 $76.91 $93.00 $226.52 $110.11 $191.36 $756.59 1307.91
document:\q\print\h 12-Jul-06