HomeMy WebLinkAboutPM 2000-23 - Agreement/Covenant - 8/11/2006 (2) Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
When Recorded, Mail To:
� 20010193x14
City Clerk 12�Z112001,
City of Fresno
O 2600 Fresno Street
Z U Fresno, CA 93721-3623
O
U
_ ......''. '. .. AB;OVB SPACE FOR RECORDER'S..USE.O.NLY .. . ...
APN:568-221-19,20,21 & 568-160-20 CITY of FRESNO
Project ID:Parcel Map NO. 2000-23 Development Department
Building & Safety Services Division
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
RECITALS
A. WHEREAS, Centex Homes, a Nevada General 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:
Parcels "A" through"G", of Parcel Map No. 2000-23, in the City of Fresno, County
of Fresno, State of California, according to the map thereof recorded on
�, 2001, in Book , of Parcel Maps at Page(s), , Fresno
County Records
and
B. 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
Page 2
instrument and all such instruments of Subordination, if any, are attached hereto and made
a part of this instrument; and
C. WHEREAS,the conditions of approval of Vesting Tentative Parcel Map No.2000-23
(hereafter, "Project"), require the payment of applicable sewer connection charges, water
connection charges, Urban Growth Management fees and/or the Millbrook Overlay Sewer
fee (hereafter, "Fees")in accordance with the provisions of Chapters 9, 11, 12 and 14 of the
Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter,
"Ordinances and Resolutions"); and
D. 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
E. 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
Page 3
NOW, THEREFORE, the Covenantor hereby covenants as follows:
COVENANTS, CONDITIONS, AND RESTRICTIONS
1. For the express purpose of administering the fee deferral process,the Fee obligations
for the Project may be prorated by the City to each lot,parcel,unit or building on the Subject
Property in the manner established by the Planning and Development Director. The intent
of this provision is to prorate the Fee obligations of common use areas, outlots, public street
easements and similar miscellaneous areas of the Project in a reasonable manner to each lot,
parcel, unit or building of the Project to facilitate reasonable administration of the fee
deferral process.
2. At the sole discretion of the Planning and Development Director, when the proration
of a Fee obligation is not feasible to be administered on a lot, parcel, unit or building basis,
the Covenantor may be required to pay the total Fee obligation for such fee for the Project
with the first request for issuance of a certificate of occupancy for the Project.
3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot,parcel,
unit or building as identified on the attached Exhibit "B", at any time after the recordation
of this instrument. The Fee obligations stated in said Exhibit "B" shall be maintained by the
Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at
the 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
Page 4
deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the
Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy.
4. The actual Fee obligations shall be recalculated by the City at the time of payment at
the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the
fee credits applied in Exhibit "A" to establish Fee obligations shall not be adjusted during
the effective term of this Statement. Any additional credits established after the recordation
of this instrument shall be reimbursed in the manner established by the section of the Fresno
Municipal Code relating to that specific Fee.
5. Additional new fee obligations not listed on Exhibit "A", but in effect at the time the
Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy,
will be applicable to this Project if such new fee(s) is/are duly established by the City
Council in accordance with Government Code Section 66498.1.
6. At the sole discretion of the Planning and Development Director, a request for
"temporary utility connection" or a "temporary or safe to occupy" may be made subject to
the provision of an additional cash security deposit representing a portion or all of the
deferred Fee amounts.
7. Notwithstanding any of the above payment times, the maximum period for deferment
of Fees for a lot,parcel, unit or building shall be limited to a period of one (1)year after final
inspection of a building. This time period approximates with the Uniform Building Code and
Fresno Municipal Code period which provides for an active permit life of 180 days, after last
inspection,with provisions for one(1)extension of said permit,not to exceed a period of 180
Statement of Covenants
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
Page 5
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
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
Deferring Fees and
Creation of Lien
Parcel Map No.2000-23
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
By: Centex Homes,
a Nevada General Partnership,
Nic . Yovino, Director Planning as Managing General Partner
and evelopment Department
APPROVED AS TO FORM: By.
Davi tc Division President
HILDA CANTO MONTOY
City Attorne
B .
(Covenantor: Attach Notary
Acknowledgments)
i3
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 24 , 2001 before me, Elvia Sommerville, Deputy City Clerk,
personally appeared Nick P. Yovino, Director Planning and Development Department,
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(s), the person(s) on behalf of the CITY OF
FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
� v
By. —
DEPUTY
EXHIBIT "A1°
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-l/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)
7 -1.0 inch Meters @ $320/Meter = $ 2,240.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
1.3866 Net Acres @ $ 700 /NA = $ 970.62
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 970.62
D. Transmission Grid Main Bond Debt Service Charge
1.3866 Net Acres @ $304.00 /ac. _ $ 421.53
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 421.53
E. Frontage Fee
209 Lineal Feet @ $ 3.25 /LF = $ 679.25
Estimated Deferred Frontage Fee = $ 679.25
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
7 Units @ $895/Unit = $ 6,265.00
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. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
11. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 43
20,900 Square Feet @ $0.05 / Sq. Ft. _ $ 1,045.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 1,045.00
B. Lateral Sewer Charge
20,900 Square Feet @ $0.10 / Sq. Ft. = $ 2,090.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. The following sewer connection charges are not deferrable under the
terms of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 21
1.6481 Gross Acres @ $1,388/GA = $ 2,287.56
B. UGM Neighborhood Park Fee
Service Area: 7
1.6481 Gross Acres @ $1,690/GA = $ 2,785.29
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
1.3866 Net Adj Acres @ $2,500/NAA = $ 3,466.50
E. UGM Major Street Bridge Charge
Service Area: F
1.3866 Net Adj Acres @ $ 50 NAA = $ 69.33
F. UGM Traffic Signal Charge
1.3866 Net Adjusted Acres @ $ 860 /NAA = $ 1,192.48
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
1. 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
document:\wp5 I Weferrahmaster December 7,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r,ounty of TLIJ� ss.
On 1P r 13i Z I before me, 0 0_ l r-tI-"", PtALL ,
Date Name and Title of OMcer(e.g,`lane Dor,Notary Public')
personally appeared ^ U l) C: A— ,
Names)ofSigme s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)islare.
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
V.C.PATTON signature(s)on the instrument the person(s),
Commtsslon#132O W or the entity upon behalf of which the person(s)
Notary Public-Calftmla acted,executed the instrument.
Tulare Courtly
@MyCoffwn.ExOm Nov 21,2005
WITNESS my hand and official seal.
Skm t m ofNotary Public
Place Notary Seat Above
o O ri ri ri O
~ Q
O_ j O to L� C9
� Q O
o ' NNNOOOn!
p C9 n tc) tc) to IN
Q � 41 � �
Q
0 n N
Q In to N N N
•O tfT (A 4FT lA 4f
Z
0o GO
N N N
In Q to� tf) toto �
43 cp O n
N O t\ N O
3 i O TS N N N
K3
+1 LO Q N N N (�
L tQ Lo
v N N N d
K O N N N
Q 's, acqcqcq cq �
0 0 0 0 0 0 0
Q �L Qop ILci n In In In In
mmOOOOm
Z +
Lij3 m 4S, 4�- 45} 434343 �
O
U �
m 'V 1 d to d) d d to
0 d) dlIS100
Lij
N N N CO
LL.
w
IDp
w .7� r LO
p � C� 0o � Ot� 000 �
a
z LL.
0
tai, co d) t� t� t� Q
+� +' o c;C O cOcON
o 3 0 E p (\] 't n n n 0
LLI L LL. Q 4�
W
LL.
n 3
3
3 Q p � ttK) K) K) OK)
C
m
N C
F O
4
S
0
U p LU LL. D {
c