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HomeMy WebLinkAboutT-5935 - Agreement/Covenant - 8/25/2008 WHEN RECORDED MAIL TO: City Clerk City of Fresno = 2600 Fresno Street Fresno, CA 93721-3603 08/25/2008120080120678 0 CITY of FRESNO Z Planning and Development Department 0 U W ilk 4 W J 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. 5935, PHASE 2 OF VESTING TENTATIVE MAP NO. 5901/UGM Statement of Covenants Fee Deferral Final Map of Tract No. 5935 Page 2 RECITALS WHEREAS, BN 5312 L.P., a California Limited Partnership, hereinafter referred to as the "Covenantor," is the owner-of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the"Subject Property"and more particularly = - described as follows and by this reference made part of this Statement of Covenants: Lots 1 through 135, inclusive, of Tract No. 5935 according to the map thereof recorded on 4u=-1 .25- 1200)? in Volume ?Q, of Plats at Pages) 82 t- $3 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. 5901/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. 5935 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. 5935 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. 5935 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. Statement of Covenants Fee Deferral Final Map of Tract No. 5935 Page 6 13. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on the Subject Property are fully satisfied. 14. The provisions of this Statement shall be deemed independent and severable and 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. 5935 Page 7 DATED: r16y: CITY OF FRESNO, COVENANTOR a Municipal Corporation BN 5312 L.P. Planning and Development Department A California Limited Partnership Nick P. Yovino, Director By: Bonadelle HoPT6s, 1pc. A California. orporation, as General Partner Keith Bergthold, Assistant Director � 6A. Bonadelle, President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney --k" By: d' ' John W. Fox eputy City Attorney Date: — ( Z-DQ�cs (Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno On August 4, 2008 , before me, Anna M. Renna a Notary Public, personally appeared John A. Bonadelle who proved to me on the basis of satisfactory evidence to be the person-A whose name(4) is/ara subscribed to the within instrument and acknowledged to me that he/s e a executed the same in his/1�authorized capacity(ies), and that by his/4eF44e 1 signature(g) on the instrument the person(, or the entity upon behalf of which the person(j) 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. (Notary seal or stamp) WITNESS my hand and o ficial seal. Signature � uf ANNA M. RENNA COMM. #1759837 NOTARY PUBLIC•CALIFORNIA • FRESNO COUNTY My Corm.Expires Aug.30,201 1 CLERK'S CERTIFICATION State of California ) County of Fresno ) On August 20, 2008, before me, Jennifer Morelos-Jensen, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant 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. l 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. KI_ISCH, CMC City Clerk, City of Fresno By _ r eputy PrD 00 t � f- ., n 2 r ti' SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 23, Zoos in the office of the Fresno County Recorder as Document No. 2008-0059354 of which the Deed of Trust in by and between: arr 5312 LP, a California limited partnership as Trustor, r Chicago Title Company , as Trustee, and Cal i fnrni a Rank & Trust, 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 IVlap of Tract No. 5935, Phase 2 of Vesting Tentative IVlap No. 5901/UGM. DATED: 7 0 6 BENEFICIARY By: By:_, (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On g 4-0 S� before me, Lr Date Here Insert Name and Title of the Officer personally appeared t 1"� ., 11'l Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a)-whose name*is/are-subscribed to the within instrument and acknowledged to me that hedslaefthe executed the same in his/he#th& authorized capacity(aes};and that by hisAierftl-re* signature(e) on the PATSY B.HULL instrument the person(&}-or the entity upon behalf of _ Commission#1534290 which the person(&)-acted, executed the instrument. `6,n. Notary Pubk-California Fresno County I certify under PENALTY OF PERJURY under the laws My Comm.Expires Jan 26,2 of the State of California that the foregoing paragraph is true and correct. WITNE S m and a o I seal. Signature Place Notary Seal Above SkLuature 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: S u bo it 1 h ,&W J Document Date: g �{� �� 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 0 General _ _ C Partner—E Limited E-1General El Attorney in Fact • IL1 Attorney in Fact • El Trustee I� Top of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll Free 1-800-876-6827 SLIBORDINA7r[ON The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 25, Zoos , in the office of the Fresno County Recorder as Document No. 2008-0106578 of which the Deed of Trust in by and between: BN 5312 LP, a California limited partnership as Trustor, Chicago Title Company , as Trustee, and California Bank & Trust, 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. 5935, Phase 2 of Vesting Tentative Map No. 5901/UGM. DATED:_" BENEFICIARY By: - I1 �c l0.rCr U Y�j t` 4 -CL. �� e Cr- k�+ 7 By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FTgy�o _ OnNAOIAN�11before me0, _ Date + - HNr NainE F ITitle of the Officer personally appeared yd) n f) Names)of S:gner,$) who proved to me on the basis of satisfactory evidence to be the persorK) whose name,^j is/aye subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/ eit-authorized capacity-ksr'and that by his/4e#ftr rsignatur� on the BOSSY KUPiIiAN instrument the person(' or the entity upon behalf of Commission # 1761110 which the persor�'acted, executed the instrument. Notary rubNo -CaNfornio Fresno County I certify under PENALTY OF PERJURY under the laws MyComn BpU"A►ip- - - of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature LL'` Place Nonny Seal Above nature o' Ac 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 f:I Indiv' 1 Corporate Officer—Title(s): orporate Officer—Title(s): LI Partner—_ Limited D General Partner—'_'Limited General WWI Attorney in Fact + thumb hera G Attorney in Fact • Too of(hu!rb pare :_. Trustee !: Trustee L, Guardian or Conservator Guardian or Conservator C.1 Other: Other: Signer Is Rep rese g: Signer Is Representing:_ ®200, lalional Notary Assodauon-9350 De Solo Ave.,P0.Box 2402-Cnatsaonh.CA 91313.2402-t%w^N.National Notary.org llem x5907 Reorrier-Call Toll-Free l-POO.876r6827 EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR TRACT 5935 Project Zoning: R-2/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) 133 - 1.0 inch Meters @ $ 330.00 /Meter = $ 43,890.00 0 - 1.5 inch Meters @ $455.00 /Meter = $ 0.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: E 18.2496 Gross Acres @ $643.00 /ac. _ $ 11,734.49 Less TGM Credits = $ 9,498.00 Less amount to be paid for E.I.B.P.* _ $ 47.17 Estimated Net Deferred UGM TGM Charge = $ 2,189.32 D. Transmission Grid Main Bond Debt Service Charge 18.2496 Gross Acres @ $243.00 /ac. _ $ 4,434.65 Less amount to be paid for E.I.B.P.* _ $ 93.56 Estimated Net Deferred TGM Bond Debt Service Charge = $ 4,341.09 E. Frontage Fee 0 Lineal Feet @ $ 6.50/LF = $ 0.00 F. 1994 Bond Debt Service Fee 201 1994 Bond Debt Service Area. 135 Living Units @ $ 93.00/ Unit = $ 12,555.00 Less amount to be paid for E.I.B.P.* _ $ 186.00 Estimated Net Deferred 1994 Bond Debt Service Fee = $ 12,369.00 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 UGNI Reimbursement Area: 38 65,950 Square Feet @ $0.05/ Sq. Ft. = $ 3,297.50 Less Oversize Credit = $ 0.00 Less Overdepth Credit = $ 0.00 Less amount to be paid for E.I.B.P.* = $ 69.57 Estimated Deferred UGM Oversize Sewer Charge = $ 3,227.93 B. Lateral Sewer Charge _I Square Feet @ $0.10 / Sq. Ft. = $ 0.00 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. CITYWIDE IMPACT FEES A. Traffic Signal Charge 135 Living Units @ $ 440.03 / Unit = $ 59,404.05 Less Estimated Traffic Signal Credits = $240,000.00 Estimated Deferred Traffic Signal Charge = $Paid w/ Credits 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\deferralV5935exhibitA July 30,2008 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5935 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 1 4746 $330.00 $22.37 $44.35 $93.00 $32.97 2 3866 $330.00 $18.25 $36.13 $93.00 $26.86 3 3870 $330.00 $18.23 $36.16 $93.00 $26.89 4 3874 $330.00 $18.28 $36.21 $93.00 $26.92 5 3878 $330.00 $18.26 $36.23 $93.00 $26.94 6 3882 $330.00 $18.31 $36.28 $93.00 $26.97 7 4989 Paid Paid Paid Paid Paid 8 3588 $330.00 $16.93 $33.53 $93.00 $24.93 9 3588 $330.00 $16.93 $33.53 $93.00 $24.93 10 3588 $330.00 $16.93 $33.53 $93.00 $24.93 11 3588 $330.00 $16.93 $33.53 $93.00 $24.93 12 3588 $330.00 $16.93 $33.53 $93.00 $24.93 13 3588 $330.00 $16.93 $33.53 $93.00 $24.93 14 3588 $330.00 $16.93 $33.53 $93.00 $24.93 15 3588 $330.00 $16.93 $33.53 $93.00 $24.93 16 3588 $330.00 $16.93 $33.53 $93.00 $24.93 17 3588 $330.00 $16.93 $33.53 $93.00 $24.93 18 3588 $330.00 $16.93 $33.53 $93.00 $24.93 19 3588 $330.00 $16.93 $33.53 $93.00 $24.93 20 3588 $330.00 $16.93 $33.53 $93.00 $24.93 21 3588 $330.00 $16.93 $33.53 $93.00 $24.93 22 3588 $330.00 $16.93 $33.53 $93.00 $24.93 23 3588 $330.00 $16.93 $33.53 $93.00 $24.93 24 1 3588 $330.00 $16.93 $33.53 $93.00 $24.93 25 4661 $330.00 $21.95 $43.55 $93.00 $32.38 26 5024 Paid Paid Paid Paid Paid 27 4992 $330.00 $23.55 $46.66 $93.00 $34.68 28 4554 $330.00 $21.45 $42.55 $93.00 $31.64 29 3798 $330.00 $17.87 $35.48 $93.00 $26.39 document: \q\print\h 30-Jul-08 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5935 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 30 3310 $330.00 $15.61 $30.93 $93.00 $23.00 31 3174 $330.00 $14.93 $29.65 $93.00 $22.05 32 3176 $330.00 $14.95 $29.67 $93.00 $22.07 33 3180 $330.00 $15.00 $29.72 $93.00 $22.09 34 3184 $330.00 $14.98 $29.74 $93.00 $22.12 35 3189 $330.00 $15.01 $29.79 $93.00 $22.16 36 3193 $330.00 $15.06 $29.84 $93.00 $22.18 37 3197 $330.00 $15.04 $29.86 $93.00 $22.21 38 3238 $330.00 $15.25 $30.25 $93.00 $22.50 39 3649 $330.00 $17.19 $34.09 $93.00 $25.35 40 3649 $330.00 $17.19 $34.09 $93.00 $25.35 41 3650 $330.00 $17.23 $34.12 $93.00 $25.36 42 3650 $330.00 $17.23 $34.12 $93.00 $25.36 43 3650 $330.00 $17.23 $34.12 $93.00 $25.36 44 3651 $330.00 $17.21 $34.12 $93.00 $25.37 45 3651 $330.00 $17.21 $34.12 $93.00 $25.37 46 3651 $330.00 $17.21 $34.12 $93.00 $25.37 47 3652 $330.00 $17.19 $34.12 $93.00 $25.37 48 3640 $330.00 $17.17 $34.02 $93.00 $25.29 49 1 3643 $330.00 $17.18 $34.04 $93.00 $25.31 50 3653 $330.00 $17.24 $34.14 $93.00 $25.38 51 3653 $330.00 $17.24 $34.14 $93.00 $25.38 52 3654 $330.00 $17.22 $34.14 $93.00 $25.39 53 3654 $330.00 $17.22 $34.14 $93.00 $25.39 54 3654 $330.00 $17.22 $34.14 $93.00 $25.39 55 3655 $330.00 $17.20 $34.14 $93.00 $25.39 56 3655 $330.00 $17.20 $34.14 $93.00 $25.39 57 3655 $330.00 $17.20 $34.14 $93.00 $25.39 58 3656 $330.00 $17.24 $34.17 $93.00 $25.40 59 3656 1 $330.00 1 $17.24 $34.17 $93.00 1 $25.40 60 3656 1 $330.00 1 $17.24 $34.17 $93.00 $25.40 document: \q\print\h 30-Jul-08 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5935 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize No. Area Amount Amount Amount Amount Amount Due Due Due I Due I Due 61 4795 $330.00 $22.61 $44.81 $93.00 $33.32 62 3995 $330.00 $18.81 $37.32 $93.00 $27.76 63 3174 $330.00 $14.93 $29.65 $93.00 $22.05 64 3174 $330.00 $14.93 $29.65 $93.00 $22.05 65 3174 $330.00 $14.93 $29.65 $93.00 $22.05 66 3174 $330.00 $14.93 $29.65 $93.00 $22.05 67 3174 $330.00 $14.93 $29.65 $93.00 $22.05 68 3174 $330.00 $14.93 $29.65 $93.00 $22.05 69 3926 $330.00 $18.52 $36.69 $93.00 $27.28 70 3868 $330.00 $18.21 $36.13 $93.00 $26.87 71 3128 $330.00 $14.75 $29.23 $93.00 $21.73 72 3128 $330.00 $14.75 $29.23 $93.00 $21.73 73 3128 $330.00 $14.75 $29.23 $93.00 $21.73 74 3128 $330.00 $14.75 $29.23 $93.00 $21.73 75 3128 $330.00 $14.75 $29.23 $93.00 $21.73 76 3128 $330.00 $14.75 $29.23 $93.00 $21.73 77 3936 $330.00 $18.52 $36.77 $93.00 $27.35 78 3936 $330.00 $18.52 $36.77 $93.00 $27.35 79 3128 $330.00 $14.75 $29.23 $93.00 $21.73 80 3128 $330.00 $14.75 $29.23 $93.00 $21.73 81 3128 $330.00 $14.75 $29.23 $93.00 $21.73 82 3128 $330.00 $14.75 $29.23 $93.00 $21.73 83 3128 $330.00 $14.75 $29.23 $93.00 $21.73 84 3128 $330.00 $14.75 $29.23 $93.00 $21.73 85 3868 $330.00 $18.21 $36.13 $93.00 $26.87 86 3868 $330.00 $18.21 $36.13 $93.00 $26.87 87 3128 $330.00 $14.75 $29.23 $93.00 $21.73 88 3128 $330.00 $14.75 $29.23 $93.00 $21.73 89 3128 $330.00 $14.75 $29.23 $93.00 $21.73 90 3128 $330.00 $14.75 $29.23 $93.00 $21.73 91 3128 1 $330.00 $14.75 $29.23 1 $93.00 1 $21.73 document: \q\print\h 30-Jul-08 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5935 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 92 3128 $330.00 $14.75 $29.23 $93.00 $21.73 93 3936 $330.00 $18.52 $36.77 $93.00 $27.35 94 3174 $330.00 $14.93 $29.65 $93.00 $22.05 95 3174 $330.00 $14.93 $29.65 $93.00 $22.05 96 3174 $330.00 $14.93 $29.65 $93.00 $22.05 97 3174 $330.00 $14.93 $29.65 $93.00 $22.05 98 4387 $330.00 $20.68 $40.99 $93.00 $30.48 99 4359 $330.00 $20.53 $40.73 $93.00 $30.29 100 3174 $330.00 $14.93 $29.65 $93.00 $22.05 101 3174 $330.00 $14.93 $29.65 $93.00 $22.05 102 3174 $330.00 $14.93 $29.65 $93.00 $22.05 103 1 3174 $330.00 $14.93 $29.65 $93.00 $22.05 104 3926 $330.00 $18.52 $36.69 $93.00 $27.28 105 3174 $330.00 $14.93 $29.65 $93.00 $22.05 106 3174 $330.00 $14.93 $29.65 $93.00 $22.05 107 3174 $330.00 $14.93 $29.65 $93.00 $22.05 108 3174 $330.00 $14.93 $29.65 $93.00 $22.05 109 3174 $330.00 $14.93 $29.65 $93.00 $22.05 110 3174 $330.00 $14.93 $29.65 $93.00 $22.05 111 3995 $330.00 $18.81 $37.32 $93.00 $27.76 112 3936 $330.00 $18.52 $36.77 $93.00 $27.35 113 3128 $330.00 $14.75 $29.23 $93.00 $21.73 114 3128 $330.00 $14.75 $29.23 $93.00 $21.73 115 3128 $330.00 $14.75 $29.23 $93.00 $21.73 116 1 3128 $330.00 $14.75 $29.23 $93.00 $21.73 117 3128 $330.00 $14.75 $29.23 $93.00 $21.73 118 3128 $330.00 $14.75 $29.23 $93.00 $21.73 119 3868 $330.00 $18.21 $36.13 $93.00 $26.87 120 3868 $330.00 $18.21 $36.13 $93.00 $26.87 121 3128 $330.00 $14.75 $29.23 $93.00 $21.73 122 3128 $330.00 1 $14.75 $29.23 $93.00 $21.73 document: \q\print\h 30-Jul-08 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS T-5935 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Lot Lot Meter T.G.M. Bond Debt Bond Debt Oversize No. Area Amount Amount Amount Amount Amount Due Due Due Due Due 123 3128 $330.00 $14.75 $29.23 $93.00 $21.73 124 3128 $330.00 $14.75 $29.23 $93.00 $21.73 125 3128 $330.00 $14.75 $29.23 $93.00 $21.73 126 3128 $330.00 $14.75 $29.23 $93.00 $21.73 127 3936 $330.00 $18.52 $36.77 $93.00 $27.35 128 3936 $330.00 $18.52 $36.77 $93.00 $27.35 129 3128 $330.00 $14.75 $29.23 $93.00 $21.73 130 3128 $330.00 $14.75 $29.23 $93.00 $21.73 131 3128 $330.00 $14.75 $29.23 $93.00 $21.73 132 3128 $330.00 $14.75 $29.23 $93.00 $21.73 133 3128 $330.00 $14.75 $29.23 $93.00 $21.73 134 3128 $330.00 $14.75 $29.23 $93.00 $21.73 135 1 3868 1 $330.00 $18.21 $36.13 $93.00 $26.87 document: \q\print\h 30-Jul-08