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HomeMy WebLinkAboutT-5710 - Agreement/Covenant - 12/24/2008 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 12124/2008,20080175081 1 CITY of FRESNO cc Planning and Development Department O ILLZ O U W a STATEMENT OF COVENANTS AFFECTING LAND ,a 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. 5710 Statement of Covenants Fee Deferral Final Map of Tract No. 5710 Page 2 RECITALS WHEREAS, THE COALITION FOR URBAN RENEWAL EXCELLENCE, a California Non-Profit Organization and GRANVILLE HOMES, 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 46, inclusive, of Tract No. 5710 according to the map thereof recorded on Liezember -PY 200? in Volume- !R Iof 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. 5710/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. 5710 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. 5710 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. 5710 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 or interpret any provision of this Sataement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 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 Map of Tract No. 5710 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 Map of Tract No. 5710 Page 7 DATED: p rc� C3�i2 1�3 ? 8 CITY OF FRESNO, COVENANTOR a Municipal Corporation THE COALITION FOR URBAN RENEWAL Planning and Development Department EXCELLENCE, A California Non-Profit Organization By: By: r-- Keith Bergthold, Int rim Direct Nathan Magsig, Exec uti r APPROVED AS TO FORM: GRANVILLE HOMES, INC., A California Corporation JAMES C. SANCHEZ City Attorney By: , G Darius Assemi, Vice President By: �`2, o . IQ- A,ld Date: (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 147k--16—1:5 On /(/D✓. 2/1� ZUVg before me, Date Here Insert Name and Title of the Officer personally appeared IYI*7t11W Name(s)of Signer(s) 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 TIFFANIEA.MARSHALL capacity(ies), and that by his/her/their signature(s) on the r COMM.#1764916 -o instrument the person(s), or the entity upon behalf of • NOTARY PJBCICUCAIFORNYI FREWCU.Mwhich the person(s) acted, executed the instrument. MY CantuCatm Exp N Aw, .2OU 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. Signature Place Notary Seal Above Signature of Notary Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General OWN MW ❑ Attorney in Fact El Attorney in Fact • yp El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of irre5rl z) /n� __ /nJ On A)C00tt kv- z5,2MY before me, Cyi, --,)-�m4 _ . Ltv�eZ, Date Here In rt Nam6 and Title of the Officq personally appeared A,55 ei6f� Name(s)of Signer(s) 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 CRISTINIG.LOPEZ instrument the person(s), or the entity upon behalf of Commission# 1552075Z which the person(s) acted, executed the instrument. Notary Public-California D z@my Fresno county I certify under PENALTY OF PERJURY under the laws comm.Expires Feb 12,2009 of the State of California that the foregoing paragraph is true and correct. WITNESS my�hand land officiallsseal. / Signature (�-�t a,$ C, . L._d_`-� Place Notary Seal Above Signature o otary Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATION State of California ) County of Fresno ) On December 18, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, 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/shelthey 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 B Deputy ()F Fs •0 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onI au t5, �� , in the office of the Fresno County Recorder as Document No. r(l, <�1 of which the Deed of Trust in by and between: s ire r 1 I� i��✓1 S �� r �i( �t/? ' '?z.F L t' ' � as Trustor, Flie' ":►r? ,f l f G, 4, as Tustee,j p i and/i't t_(`.i f r t7'/)f'3 -fit;f/- L l"lGid k'9'itr'1�Px ' :%F'i.1 �"r� -- C4I l"M V1 as Beneficiary, r hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the PcfC/Za1H(, LEQTAIN 64Nk6Crj&V foregoing Statement of Covenants Affecting Land Development n CNAKCfS W ATERCDTr�GTIUN G//1JLG�S,(JAe,, NG2ow ��'s-rH /hiv464- eNYTD �/Z P11-7,c Or /S SCJ/ lG� G}c GSR%r-"64 TC /�� GG�vf'rf�VG� d9X 4 Cac/a /o„� o L/Cly �CJj2 r1 `I Gi azo, DATED: ► r2cy� BENEFICIARY By: By: (Beneficiary to print/type Name, Title and attach Notary Acknowledgment) �. F(r2 T ,twit RrG�3l T/1Z Pf2 �004!,No.'200g-0/3&W7 2c� Q�lJ A ?�N►aeR 2 (1 zao$� �s A/o ;2vs;t5� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On X/Oy ;%,{ 91�03 before me, Dale Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) 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 11FFANE A.MARSHALL capacity(ies), and that by his/her/their signature(s) on the COMM.#1764916 -+ instrument the person(s), or the entity upon behalf of y.. NOTARY PUBIX-CALFORNM which the person(s) acted, executed the instrument. FRESNO COUNt1r *1 CWM EVIIIII111;A*31'201111 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. Signature It • Place Notary Seal Above Signature of Notary Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact None ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5710 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) 45 - 1.0 inch Meters @ $ 330.00 /Meter = $ 14,850.00 0 - 1.5 inch Meters @ $ 455.00 /Meter = $ 0.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: B 7.5856 Gross Acres @ $643.00 /ac. _ $ 4,877.54 Estimated Net Deferred UGM TGM Charge = $ 4,877.54 D. Transmission Grid Main Bond Debt Service Charge 7.5856 Gross Acres @ $243.00 /ac. _ $ 1,843.30 Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,843.30 E. Frontage Fee 250 Lineal Feet @ $ 6.50 /LF = $ 1,625.00 Estimated Net Deferred Frontage Fee = $ 1,625.00 F. 1994 Bond Debt Service Fee 301 1994 Bond Debt Service Area. 45 Living Units @ $ 60.00 / Unit = $ 2,700.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 2,700.00 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: 21 25,000 Square Feet @ $0.05 / Sq. Ft. _ $ 1,250.00 Estimated Deferred UGM Oversize Sewer Charge = $ 1,250.00 B. Lateral Sewer Charge 25,000 Square Feet @ $0.10 / Sq. Ft. _ $ 2,500.00 Estimated Deferred Lateral Sewer Charge = $ 2,500.00 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 Ill. URBAN GROWTH MANAGEMENT FEES A. UGM Major Street Charge Service Area: E-4 7.2700 Net Adj Acres @ $ 3,531.00 /NAA = $ 25,670.37 Less Estimated Major Street Credits = $ 62,029.00 Estimated Deferred UGM Major Street Charge = $Paid w/ Credits B. UGM Major Street Bridge Charge Service Area: E-4 7.2700 Net Adj Acres @ $ 196.00 /NAA = $ 1,424.92 Estimated Deferred UGM Major Street Bridge Charge = $ 1,424.92 C. UGM Grade Separation Charge Service Area: E-4-A 7.2700 Net Adjusted Acres @ $ 443.00 /NAA = $ 3,220.61 Estimated Deferred UGM Grade Separation Charge = $ 3,220.61 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. CITYWIDE IMPACT FEES A. Traffic Signal Charge 45 Living Units @ $ 414.69 / Unit = $ 18,661.05 Estimated Deferred Traffic Signal Charge = $ 18,661.05 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) document:1wp511deferra11t5710exhibitA September 23,2008 EXHIBIT"B"-- PRORATED FEE OBLIGATIONS T-5710 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Water TGM Water 1994 Sewer Sewer Major Traffic Grade Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Bridge Signal Seperation No. Area Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due Due Due 1 6627 $330.00 $45.63 $136.96 $51.76 $60.00 $70.20 $35.10 $40.00 $414.69 $90.42 2 4902 $330.00 $33.75 $101.27 $38.27 $60.00 $51.92 $25.96 $29.60 $414.69 $66.89 3 4954 $330.00 $34.11 $102.37 $38.69 $60.00 $52.47 $26.24 $29.91 $414.69 $67.60 4 5006 $330.00 $34.47 $103.46 $39.10 $60.00 $53.03 $26.51 $30.22 $414.69 $68.31 5 5058 $330.00 $34.82 $104.55 $39.51 $60.00 $53.58 $26.79 $30.54 $414.69 $69.02 6 5097 $330.00 $35.09 $105.32 $39.80 $60.00 $53.99 $26.99 $30.77 $414.69 $69.55 7 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 8 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 9 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 11 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 12 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 13 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 14 5215 $330.00 $35.91 $107.77 $40.73 $60.00 $55.24 $27.62 $31.48 $414.69 $71.15 15 5415 $330.00 $37.28 $111.88 $42.28 $60.00 $57.36 $28.68 $32.69 $414.69 $73.89 16 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 17 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 18 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 19 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 20 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 21 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 22 5400 $330.00 $37.18 $111.62 $42.18 $60.00 $57.20 $28.60 $32.59 $414.69 $73.67 23 6306 $330.00 $43.42 $130.34 $49.26 $60.00 $66.80 $33.40 $38.06 $414.69 $86.03 24 5952 $330.00 $40.98 $123.01 $46.49 $60.00 $63.05 $31.52 $35.93 $414.69 $81.20 25 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 26 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 27 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 28 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 29 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 30 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 31 5100 $330.00 $35.11 $105.39 $39.83 $60.00 $54.02 $27.01 $30.79 $414.69 $69.60 32 5458 $330.00 $37.58 $112.78 $42.62 $60.00 $57.81 $28.91 $32.95 $414.69 $74.47 33 5658 $330.00 $38.96 $116.90 $44.18 $60.00 $59.93 $29.97 $34.16 $414.69 $77.21 34 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 35 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 36 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 37 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 38 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 39 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 40 5000 $330.00 $34.43 $103.33 $39.05 $60.00 $52.96 $26.48 $30.18 $414.69 $68.22 41 4996 $330.00 $34.40 $103.27 $39.03 $60.00 $52.92 $26.46 $30.16 $414.69 $68.18 42 4956 $330.00 $34.12 $102.43 $38.71 $60.00 $52.50 $26.25 $29.93 $414.69 1 $67.65 43 4906 $330.00 $33.78 $101.40 $38.32 $60.00 $51.97 $25.98 $29.62 $414.69 $66.94 44 4856 $330.00 1 $33.43 $100.37 $37.93 $60.00 $51.44 $25.72 $29.32 $414.69 $66.27 45 4806 $330.00 $33.09 $99.34 $37.54 $60.00 $50.91 $25.45 $29.01 $414.69 $65.56 46 6751 $330.00 $46.48 $139.53 $52.73 $60.00 $71.51 $35.75 $40.75 $414.69 $92.10 document la\orintlh 23-Seo-08 CLARIFICATION DECLARATION I CERTIFY UNDER PENALTY OF PERJURY THAT THE "CLARIFICATION PAGE(S)" THAT FOLLOW THIS PAGE IS / ARE A TRUE AND CORRECT COPY OF THE ILLEGIBLE PAGE(S) BEING CLARIFIED. DATE: o2-z3-oma SIGNATURE: (SCA 0 KAm/Akrt 1 (GOVT. CODE SEC. 27361.7) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 15, 2006, in the office of the Fresno County Recorder as Document No. 06 - 104500 of which the Deed of Trust in by and between: Granville Homes, Inc., a California Corporation as Trustor, *Financial Title Company, a California Corportation, as Trustee, and The Coalition for Urban Renewal Excellence, a California Non-Profit Organization, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for the Maimtemace of 6ertain I mprevernents for th Final Map of Traet Ne. 5710. Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees to the Time of Issuance of Certificate of Occupancy and Creation of Lien for the Final Map of Tract No. 5710. DATED: BENEFICIARY By: Nathan Magsig, Executive Director The Coalition for Urban Renewal Excellence, A California Non-Profit Organization By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) *First American Title, a California Corporation Per Doc_ No. 2008-0136447 Recorded September 24, 2008, is now the Trustee