HomeMy WebLinkAboutT-5512 - Agreement/Covenant - 5/22/2008 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
05/ZZ/Z00b,Z00S0074434
Q CITY of FRESNO
® Planning and Development Department
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C- 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. 5512
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5512
Page 2
RECITALS
WHEREAS, SPINO INC., a California Corporation, hereinafter referred to as the
"Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno,
State of California, hereafter referred to as the"Subject Property"and more particularly described
as follows and by this reference made part of this Statement of Covenants:
Lots 1 through 126, inclusive, of Tract No. 5512 according
to the map thereof recorded on Ma ,L I 20L)L
in Volume. 6, of Plats at Page(s) ks )�"hr'u a
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. 5512/UGM
(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
Final Map of Tract No. 5512
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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5512
Page 4
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.
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
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5512
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
Subject Property are fully satisfied.
Statement of Covenants
Fee Deferral
Final Map of Tract No. 5512
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
Final Map of Tract No. 5512
Page 7
DATED: DS aG �s
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SPINO INC., a California Corporation
Planning and Development Department
Nick P. Yovino, Director
/—
Keith Bergthold, Assista erector Thomas A. Spino, esident
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: �)
John W. Fox
Deputy City Attorney
Date: �_ az
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 7, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Keith Bergthold, Assistant Planning and Development Director, who
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) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
0
0
By
Deputy
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5512
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)
113 - 1.0 inch Meters @ $ 330.00 /Meter = $ 37,290.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
30.0431 Gross Acres @ $643.00/ac. _ $ 19,317.71
Less amount to be paid for E.I.B.P.* _ $ 1,995.16
Estimated Net Deferred UGM TGM Charge = $ 17,322.55
D. Transmission Grid Main Bond Debt Service Charge
30.0431 Gross Acres @ $243.00/ac. _ $ 7,300.47
Less amount to be paid for E.I.B.P.* _ $ 754.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 6,546.47
E. Frontage Fee
1,830 Lineal Feet @ $ 6.50/LF = $ 11,895.00
Less amount to be paid for E.I.B.P.* _ $ 1,228.59
Estimated Net Deferred Frontage Fee = $ 10,666.41
F. 1994 Bond Debt Service Fee
301 1994 Bond Debt Service Area.
126 Living Units @ $ 60.00/ Unit = $ 7,560.00
Less amount to be paid for E.I.B.P.* _ $ 780.00
Estimated Deferred 1994 Bond Debt Service Fee = $ 6,780.00
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: 23
183,000 Square Feet @ $0.05 / Sq. Ft. _ $ 9,150.00
Less amount to be paid for E.I.B.P.* _ $ 945.07
Estimated Deferred UGM Oversize Sewer Charge = $ 8,204.93
B. Lateral Sewer Charge
117,000 Square Feet @ $0.10 / Sq. Ft. _ $ 11,700.00
Less amount to be paid for E.I.B.P.* _ $ 1,208.45
Estimated Deferred Lateral Sewer Charge = $ 10,491.55
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 Major Street Charge
Service Area: E-4
29.3007 Net Adj Acres @ $ 3,531.00 /NAA = $103,460.77
Less Estimated Major Street Credits = $ 4,930.00
Less amount to be paid for E.I.B.P.* = $ 10,177.72
Estimated Deferred UGM Major Street Charge = $ 88,353.05
B. UGM Major Street Bridge Charge
Service Area: E-4
29.3007 Net Adj Acres @ $ 196.00 /NAA = $ 5,742.94
Less amount to be paid for E.I.B.P.* = $ 593.21
Estimated Deferred UGM Major Street Bridge Charge = $ 5,149.73
C. UGM Grade Separation Charge
Service Area: E-4-A
29.3007 Net Adjusted Acres @ $_/NAA = $ N/A
D. 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. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
126 Living Units @ $ 414.69 / Unit = $ 52,250.94
Less amount to be paid for E.I.B.P.* _ $ 5,390.97
Estimated Deferred Traffic Signal Charge = $ 46,859.97
B. The following charges are not deferrable under the terms of this covenant:
1. Citywide Fire Facilities Impact Fee (Due @ Occupancy- Reso. 05-429)
2. Citywide Park Facility Impact Fee (Due @ Occupancy- Reso. 05-427)
3. Citywide Police Facilities Impact Fee (Due @ Occupancy- Reso. 05-428)
4. Citywide Regional Street Impact Fee (Due @ Building Permit- Reso. 07-291)
5. Citywide New Growth Major Street Impact Fee(Due @ Building Permit- Reso. 07-291)
* Early Issuance of model home Building Permit.
document:\wp51\deferra1\15512exhibitA November 29,2007
EXHIBIT"B"-- PRORATED FEE OBLIGATIONS
T-5512 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Major Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
1 9084 paid paid paid paid paid paid paid paid paid paid
-
2 6696 paid paid paid paid paid paid paid paid paid aid
3 6792 paid paid paid paid paid paid paid paid paid paid
4 6900 paid paid paid paid paid paid paid paid paid aid
5 6901 paid paid paid paid paid paid paid paid paid paid
6 9947 paid paid paid paid paid paid paid paid paid paid
7 8570 paid paid paid paid paid paid paid paid paid paid
8 6000 paid paid paid paid paid paid paid paid paid paid
9 6693 paid paid paid paid paid paid paid paid paid paid
10 6240 paid paid paid paid paid paid paid paid paid paid
11 6240 paid paid paid paid paid paid paid paid paid paid
12 6240 paid paid paid paid paid paid paid paid paid paid
13 6240 paid paid paid paid paid paid paid paid paid paid
14 6240 $330.00 $82.84 $134.52 1 $50.84 $60.00 $81.48 $63.72 $686.34 $40.00 $414.69
15 6240 $330.00 $82.84 $134.52 $50.84 $60.00 $81.48 $63.72 $686.34 $40.00 $414.69
16 7336 $330.00 $97.39 $158.18 $59.78 $60.00 $95.80 $74.92 $806.72 $47.02 $414.69
17 7819 $330.00 $103.80 $168.59 $63.71 $60.00 $102.10 $79.85 $859.85 $50.12 $414.69
18 6825 $330.00 $90.61 $147.12 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
19 6825 $330.00 $90.61 $147.12 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
20 6825 $330.00 $90.61 $147.12 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
21 6825 $330.00 $90.61 $147.12 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
22 6825 $330.00 $90.61 $147.12 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
23 6825 $330.00 $90.61 $147.12 1 $55.60 $60.00 $89.12 $69.70 $750.57 $43.75 $414.69
24 8366 $330.00 $111.07 $180.36 $68.16 $60.00 $109.25 $85.44 $920.05 $53.63 $414.69
25 6765 $330.00 $89.81 $145.83 $55.11 $60.00 $88.34 $69.09 $743.83 $43.36 $414.69
26 7249 $330.00 $96.24 $156.31 $59.07 $60.00 $94.66 $74.03 $797.31 $46.47 $414.69
27 6405 $330.00 $85.03 $138.12 $52.20 $60.00 $83.64 $65.41 $704.50 $41.06 $414.69
28 6405 $330.00 $85.03 $138.12 $52.20 $60.00 $83.64 $65.41 $704.50 $41.06 $414.69
29 6405 $330.00 $85.03 $138.12 $52.20 $60.00 $83.64 $65.41 $704.50 $41.06 1 $414.69
30 6757 $330.00 $89.71 $145.70 $55.06 $60.00 $88.23 $69.00 $743.17 $43.32 $414.69
31 9384 $330.00 $124.58 $202.35 $76.47 $60.00 $122.54 $95.83 $1,032.03 $60.15 $414.69
32 8807 $330.00 $116.92 $189.88 $71.76 $60.00 $115.00 $89.94 $968.47 $56.45 $414.69
33 7789 $330.00 $103.41 $167.95 $63.47 $60.00 $101.71 $79.54 $856.49 $49.92 $414.69
34 10056 $330.00 $133.50 $216.82 $81.94 $60.00 $131.31 $102.69 $1,106.01 $64.46 $414.69
35 10781 $330.00 $143.13 $232.44 $87.84 $60.00 $140.78 $110.10 $1,185.71 $69.11 $414.69
36 9757 $330.00 $129.53 $210.39 $79.51 $60.00 $127.41 $99.64 $1,073.06 $62.54 $414.69
37 7843 $330.00 $104.12 $169.11 $63.91 $60.00 $102.42 $80.09 $862.55 $50.27 $414.69
38 7584 $330.00 $100.68 $163.51 $61.79 1 $60.00 $99.03 $77.45 $833.96 $48.61 $414.69
39 7326 $330.00 $97.26 $157.92 $59.68 $60.00 $95.66 $74.81 $805.72 $46.96 $414.69
40 7192 $330.00 $95.48 $155.09 $58.61 $60.00 $93.91 $73.45 $790.92 $46.10 $414.69
41 7696 $330.00 $102.17 $165.96 $62.72 $60.00 $100.50 $78.59 $846.41 $49.33 $414.69
42 8953 $330.00 $118.86 $193.03 $72.95 $60.00 $116.91 $91.43 $984.61 $57.39 $414.69
43 6673 $330.00 $88.59 $143.90 $54.38 $60.00 $87.14 $68.15 $733.75 $42.77 $414.69
44 6401 $330.00 $84.98 $137.99 $52.15 $60.00 $83.59 $65.37 $703.82 $41.02 $414.69
document:\a\print\h 29-Nov-07
EXHIBIT"B"--PRORATED FEE OBLIGATIONS
T-5512 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Major Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
45 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
46 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
47 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
48 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
49 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
50 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
51 6516 $330.00 $86.51 $140.50 $53.10 $60.00 $85.09 $66.54 $716.60 $41.77 $414.69
52 7021 $330.00 $93.21 $151.36 $57.20 $60.00 $91.68 $71.70 $772.09 $45.00 $414.69
53 8586 $330.00 $113.99 $185.12 $69.96 $60.00 $112.12 $87.68 $944.26 $55.04 $414.69
54 6995 $330.00 $92.86 $150.78 1 $56.98 $60.00 $91.34 $71.43 $769.40 $44.84 $414.69
55 7374 $330.00 $97.90 $159.01 $60.09 $60.00 $96.29 $75.30 $810.75 $47.26 $414.69
56 7393 $330.00 $98.15 $159.40 $60.24 $60.00 $96.54 $75.50 $813.12 $47.39 $414.69
57 7393 $330.00 $98.15 $159.40 $60.24 $60.00 $96.54 $75.50 $813.12 $47.39 $414.69
58 7393 $330.00 $98.15 $159.40 $60.24 $60.00 $96.54 $75.50 $813.12 $47.39 $414.69
59 7393 $330.00 $98.15 $159.40 $60.24 $60.00 $96.54 $75.50 $813.12 $47.39 $414.69
60 7393 $330.00 $98.15 $159.40 $60.24 $60.00 $96.54 $75.50 $813.12 $47.39 $414.69
61 7567 $330.00 $100.46 $163.13 $61.65 $60.00 $98.81 $77.28 $832.29 $48.51 $414.69
62 7845 $330.00 $104.15 $169.11 $63.91 $60.00 $102.44 $80.11 $862.54 $50.27 $414.69
63 9502 $330.00 $126.15 $204.86 $77.42 $60.00 $124.08 $97.04 $1,044.80 $60.90 $414.69
64 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
65 1 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
66 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
67 6922 $330.00 $91.90 $149.24 $56.40 $60.00 $90.39 $70.69 $761.33 $44.37 $414.69
68 6903 $330.00 $91.64 $148.85 $56.25 $60.00 $90.14 $70.49 $758.96 $44.24 $414.69
69 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
70 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
71 6600 $330.00 $87.62 $142.30 $53.78 $60.00 $86.18 $67.40 $725.67 $42.30 $414.69
72 6900 $330.00 $91.60 $148.79 $56.23 $60.00 $90.10 $70.46 $758.63 $44.22 $414.69
73 6100 $330.00 $80.98 $131.49 $49.69 $60.00 $79.66 $62.29 $670.87 $39.10 $414.69
74 6100 $330.00 $80.98 $131.49 1 $49.69 $60.00 $79.66 $62.29 $670.87 $39.10 $414.69
75 6100 $330.00 $80.98 $131.49 $49.69 $60.00 $79.66 $62.29 $670.87 $39.10 $414.69
76 6100 $330.00 $80.98 $131.49 $49.69 $60.00 $79.66 $62.29 $670.87 $39.10 $414.69
77 6100 $330.00 $80.98 $131.49 $49.69 $60.00 $79.66 $62.29 $670.87 $39.10 $414.69
78 6569 $330.00 $87.21 $141.65 $53.53 $60.00 $85.78 $67.08 $722.31 $42.10 $414.69
79 6570 $330.00 $87.22 $141.65 $53.53 $60.00 $85.79 $67.09 $722.66 $42.12 $414.69
80 6102 $330.00 $81.01 $131.56 $49.72 $60.00 $79.68 $62.31 $670.86 $39.10 $414.69
81 6103 $330.00 $81.02 $131.56 $49.72 $60.00 $79.69 $62.33 $671.21 $39.12 $414.69
82 6103 $330.00 $81.02 $131.56 $49.72 $60.00 $79.69 $62.33 $671.21 $39.12 $414.69
83 6104 $330.00 $81.04 $131.62 $49.74 $60.00 $79.71 $62.34 $671.20 $39.12 $414.69
84 6105 $330.00 $81.05 $131.62 $49.74 $60.00 $79.72 $62.35 $671.20 $39.12 $414.69
85 6907 $330.00 $91.70 $148.92 $56.28 $60.00 $90.19 $70.54 $759.65 $44.28 $414.69
86 7207 $330.00 $95.68 $155.41 $58.73 $60.00 $94.11 $73.60 $792.60 $46.20 $414.69
87 6000 $330.00 $79.66 $129.37 $48.89 $60.00 $78.35 $61.27 $659.77 $38.46 $414.69
88 6000 $330.00 $79.66 $129.37 $48.89 $60.00 $78.35 $61.27 $659.77 $38.46 $414.69
89 6000 $330.00 $79.66 $129.37 $48.89 $60.00 $78.35 $61.27 $659.77 $38.46 $414.69
document:\q\print\h 29-Nov-07
• EXHIBIT"B••-- PRORATED FEE OBLIGATIONS
T-5512 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer Sewer Major Major Traffic
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge Signal
No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due Due Due Due
90 6000 $330.00 $79.66 $129.37 $48.89 $60.00 $78.35 $61.27 $659.77 $38.46 $414.69
91 6000 $330.00 $79.66 $129.37 $48.89 $60.00 $78.35 $61.27 $659.77 $38.46 $414.69
92 6498 $330.00 $86.27 $140.11 $52.95 $60.00 $84.85 $66.36 $714.58 $41.65 $414.69
93 10152 $330.00 $134.78 $218.88 $82.72 $60.00 $132.57 $103.67 $1,116.43 $65.07 $414.69
94 9814 $330.00 $130.29 $211.61 $79.97 $60.00 $128.15 $100.22 $1,079.10 $62.90 $414.69
95 6603 $330.00 $87.66 $142.36 $53.80 $60.00 $86.22 $67.43 $726.01 $42.32 $414.69
96 6909 $330.00 $91.72 $148.98 $56.30 $60.00 $90.22 $70.56 $759.64 $44.28 $414.69
97 6909 $330.00 $91.72 $148.98 $56.30 $60.00 $90.22 $70.56 $759.64 $44.28 $414.69
98 6909 $330.00 $91.72 $148.98 $56.30 $60.00 $90.22 $70.56 $759.64 $44.28 $414.69
99 6909 $330.00 $91.72 $148.98 $56.30 $60.00 $90.22 $70.56 $759.64 $44.28 $414.69
100 1 8069 $330.00 $107.12 $174.00 $65.76 $60.00 $105.37 $82.40 $887.43 $51.72 $414.69
101 7590 $330.00E$86
$163.64 $61.84 $60.00 $99.11 $77.51 $834.63 $48.65 $414.69
102 6503 $330.00 $140.24 $53.00 $60.00 $84.92 $66.41 $715.26 $41.69 $414.69
103 6910 $330.00 $148.98 $56.30 $60.00 $90.23 $70.57 $759.99 $44.30 $414.69
104 6910 $330.00 $148.98 $56.30 $60.00 $90.23 $70.57 $759.99 $44.30 $414.69
105 6910 $330.00 $148.98 $56.30 $60.00 $90.23 $70.57 $759.99 $44.30 $414.69
106 6910 $330.00 $148.98 $56.30 $60.00 $90.23 $70.57 $759.99 $44.30 $414.69
107 6700 $330.00 $144.48 $54.60 $60.00 $87.49 $68.42 $736.78 $42.94 $414.69
108 6490 $330.00 $139.92 $52.88 $60.00 $84.75 $66.28 $713.57 $41.59 $414.69
109 9053 $330.009 $195.21 1 $73.77 $60.00 $118.22 $92.45 $995.72 $58.04 $414.69
110 6533 $330.00 $86.73 $140.88 $53.24 $60.00 $85.31 $66.72 $718.27 $41.87 $414.69
111 6622 $330.00 $87.91 $142.75 $53.95 $60.00 $86.47 $67.63 $728.38 $42.45 $414.69
112 6630 $330.00 $88.02 $142.94 $54.02 $60.00 $86.58 $67.71 $729.04 $42.49 $414.69
113 6632 $330.00 $88.05 $143.00 $54.04 $60.00 $86.60 $67.73 $729.38 $42.51 $414.69
114 6635 $330.00 $88.09 $143.07 $54.07 $60.00 $86.64 $67.76 $729.72 $42.53 $414.69
115 6637 $330.00 $88.11 $143.07 $54.07 $60.00 $86.67 $67.78 $729.71 $42.53 $414.69
116 6639 $330.00 $88.14 $143.13 $54.09 $60.00 $86.69 $67.80 $730.05 $42.55 $414.69
117 6642 $330.00 $88.18 $143.20 $54.12 $60.00 $86.73 $67.83 $730.39 $42.57 $414.69
118 7611 $330.00 $101.04 $164.09 $62.01 $60.00 $99.39 $77.73 $836.99 $48.78 $414.69
119 7828 $330.00 $103.92 $168.79 $63.79 $60.00 $102.22 $79.94 $860.86 $50.18 $414.69
120 6402 $330.00 $84.99 $138.05 $52.17 $60.00 $83.60 $65.38 $704.17 $41.04 $414.69
121 6402 $330.00 $84.99 $138.05 $52.17 $60.00 $83.60 $65.38 $704.17 $41.04 $414.69
122 6409 $330.00 $85.09 $138.18 $52.22 $60.00 $83.69 $65.45 $704.83 $41.08 $414.69
123 6749 $330.00 $89.60 $145.51 $54.99 $60.00 $88.13 $68.92 $742.16 $43.26 $414.69
124 7527 $330.00 $99.93 $162.29 $61.33 $60.00 $98.29 $76.87 $827.56 $48.24 $414.69
125 9250 $330.00 $122.80 $199.46 $75.38 $60.00 $120.79 $94.46 $1,017.23 $59.29 $414.69
126 10307 1 $330.00 $136.83 $222.22 $83.98 1 $60.00 J $134.59 1 $105.26 1 $1,133.59 $66.07 $414.69
document:\q\print\h 29-Nov-07
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On April 8, 2008 before me, Cristian Reyes,Notary Public
DATE NAME,TITLE OF OFFICER"
personally appeared Thomas A. Spino
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person�,$)r'Evhose name(s�-is/X'e
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/ler/t4er,authorized capacity(j2<and that by his/her/their signature ion the instrument
the person(W,or the entity upon behalf of which the person(g)'acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS m hand and official seal. CR M,# 869/
Y .�lip
COMM.#1586971 �
NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
My Comm,Expires Jun 12,2009
SIGNATURE OF NOTARY
This area for notarial seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying
on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED
DOCUMENT
2 INDIVIDUAL State of Covenants
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on AUGUST 7, 2007 , in the office of the Fresno County
Recorder as Document No. 2007-0149355 of which the Deed of Trust in
by and between:SPINO, INC. , A CALIFORNIA CORPORATION as Trustor,
FIRST SANTA CLARA CORPORATION, A CALIFORNIA CORPORATION , as Trustee,
and BANK OF THE WEST, A CALIFORNIA BANKING CORPORATION , 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
Map of Tract No. 5512
DATED: APRIL 17, 2008
r
BENEFICI RY,—
g ,
NDI REED, V E PRESIDENT
By:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
ACKNOWLEDGMENT
State of California
County of CONTRA COSTA )
On APRIL 17, 2008 before me, GAIL SAMSON, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared WENDI REED
who proved to me on the basis of satisfactory evidence to be the person( whose name(a) isle!
subscribed to the within instrument and acknowledged to me that4"WshekAwy executed the same in
4iolher/tk@4 authorized capacity( m), and that by-6is/her/taaeir signatura4Q on the instrument the
person(Q, or the entity upon behalf of which the person�e4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. � AW404
CoarfNNon A 1 Y M31
L.D.————c
Signature (Seal)