HomeMy WebLinkAboutPM 2001-07 - Agreement/Covenant - 8/11/2006 Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
LU When Recorded, Mail To:
�—
0 o City clerk 081�312003,20030�$6139
Z v City of Fresno
2600 Fresno Street
C.� Fresno, CA 93721-3623
s 3� '
: .':. lei►SCF== �:I ''1Ct31 � SE' SR } : 1: ;} _;
: > 3
APN: 401-050-52, 57 & 401-020-78 CITY of FRESNO
Project ID: PM 2001-07 Planning& Development Department
Project ID: 5494-0107 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,NMSBPCSLDHB,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:
Parcels "A" through "C" , inclusive, of Parcel Map No. 2001-07, in the City of
Fresno, County of Fresno, State of California, according to the map thereof recorded
on JZ 3/d3 . in Book to,2 of Parcel Maps at Pages
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
instrument and all such instruments of Subordination, if any, are attached hereto and made
a part of this instrument; and
X Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
C. WHEREAS, the conditions of approval of Vesting Tentative Parcel Map
No. 2001-07 (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.
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
The intent of this provision is to prorate the Fee obligations of common use areas, outlots,
public street easements and similar miscellaneous areas ofthe Project in areasonable 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
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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
days.
S. 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 alien upon the Subject Property to guarantee the performance of the obligations of
the Covenantor contained in this Statement.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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
Page 6
DATED: -7 3 03
CITY OF FRESNO, TOR
a Municipal Corporation NMSB SLDHB,
a Califo 'a Limited Partnership
By:
By:
N P. Yovino, Director Planning G�?A
Development Department
APPROVED AS TO FORM: Robert M. Granum
General Partner
HILDA C ONTO
Ci o e
By: (Covenantor: Attach Notary
Acknowledgments)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - -- -- - - - - -- - -
State of California
j
County of JGIM�Q CkU.�-G� ss.
On \— 3— before me, Rx�&e
Date —1- Name and Title of Officer(e.g.,'Jane Doe,Notary Public")
personally appeared CCW,Lk M ,
Name(s)of Signer(s)
-41 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person) whose name) is/§/e
subscribed to the within instrument and
acknowledged to me that he/Ma they executed
the same in hisHierkheir authorized
capacity(ieS), and that by hisfherkheir
signature,W on the instrument the person(i), or
the entity upon behalf of which the personA
acted, executed the instrument.
ROSE SHEA WITNE S my hand and official seal.
V COW#1224064 Z
NOTARY PLOX-CALFORNIA
SANTA CLARA COUNTY
COW EXP.JULY B,2003 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 DocumentAd lzmwi 4- Cdyley, .n� We'Ac, "A 1x'11 6 I��wNA
Document Date: — 3~03 Number of Pages:l7!)
Signer(s)Other Than Named Above
Capacity(les) Claimed by Signer
llaimedbySiigner
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
Partner—❑ Limited General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: PC 5 L U
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Cell Toll-Free 1-600-676-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on November 27, 2002, in the office of the Fresno County Recorder as
Instrument No. 2002-0215255 of which the Deed of Trust in by and between
NMSBPCSLDHB, a California Limited Partnership, as Trustor, Valley Independent Bank,
as Trustee, and Valley Independent Bank,as Beneficiary,hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for
Certain Sewer Connection Charges,Water Connection Charges,Urban Growth Management
Fees and Development Fees and Creation of Lien for Parcel Map No. 2001-07.
DATED: A�I,U �� , 200 -3
Valley Independent Bank, AS BENEFICIARY:
By:
Nom Cz4p-ei� TA-,
j�vf ✓iCa- Pmvtib&N 7—
By:By:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
ss
County of
On J Il0 ' �3 , before me, �4rbuYi� Bk
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared w OAM AAJ r K J C ,
Name(s)of Signer(s)
ersonally known to me ,
❑ proved to me on the basis of satisfactory
evidence
I
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
BA-R&-W-=pERpNg acknowledged to me that he/she/they executed
CommWWw/1904264 the same in his/her/their authorized
HOWYPUM-CaNfoMIS capacity(ies), and that by his/her/their
RO Courdy signature(s) on the instrument the person(s), or
M�►Ca�nn 6�ire�.lu�Y'2005 the entity upon behalf of which the person(s)
i
acted, executed the instrument.
i
W ESS my hand d official seal
Place Notary Seal Above Si&1ature 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(les) Claimed by Signer
Signer's Name:
❑ Individual a ••
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Aeeoclation•93W De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.na*nalnotary org Prod.No.5907 Reorder.Call Toll-Free 1-BOD876-ea27
EXHIBIT"A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Parcels A and B have permitted and have paid all sewer,water and UGM fees for those parcels.
Fees In this exhibit are for parcel C only.
Project Zoning: C-P/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)
inch Meters @ $_/Meter = $ N/A
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
3.0659 Net Acres @ $700.00/NA = $2.146.13
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 2,146.13
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
3.0659 Net Acres @ $304.00/ac. _ $--232.03
Less TGM Bond Debt Service Credit
Estimated Net Deferred TGM Bond Debt Service Charge = $ 932.03
E. Frontage Fee
610 Lineal Feet @ $ 6.50/LF = $-3..965.00
Estimated Deferred Frontage Fee = $ 3.965.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
17.8 Living Unit Equivalents @ $895.00/Unit = $15.931.00
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
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 3
66.000 Square Feet @ $0.05 /Sq. Ft. _ $ 3.300.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 3.300.00
B. Lateral Sewer Charge
66.000 Square Feet @ $0.10/Sq. Ft. _ $ 6.600.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
3.0659 Net Adj Gross Ac @ $ 240.00 /NAA = $ 735.82
E. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Wastewater Facilities Sewer Charge
t, III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 13
3.4225 Gross Acres @ $ 614.00/GA = $ 2.101.42
B. UGM Neighborhood Park Fee
Service Area: 1
3.4225 Gross Acres @ $ 551.00/GA = $ 1.885.80
C. UGM Trunk Sewer Fee(Res 83-40)
Service Area:
3.0659 Gross Acres @ $ /GA = $ 0.00
D. UGM Major Street Charge
Service Area: E-1
3.0659 Net Adj Acres @ $ 1.680.00/NAA = $ 5,150.71
E. UGM Major Street Bridge Charge
Service Area: E-1
3.0659 Net Adj Acres @ $-L75,00/NAA = $ 536.53
F. UGM Traffic Signal Charge
3.0659 Net Adjusted Acres @ $ 860/NAA = $ 2.636.67
G. UGM Grade Separation Charge
Service Area:
3.0659 Net Adjusted Acres @ $_/NAA = $ 0.00
H. UGM At-Grade Railroad Crossing Charge
Service Area:
3.0659 Net Adjusted Acres @ $_/NAA = $ 0.00
I. 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:twp511deferrel1PM2001-07roxhlbkAr December 12,2002
!
5 # Z
\ k 0
/o m
.69
■
c 0
9 ■ \ m 2
G
�
> 0/ p
k O ] E 91
k m / m
E 0
a
> /
c3 CL
0
a / c
CD - CO o
■
@
k m / \ (
\ a E m
.69
> 9 @
C v 2 ■ ■
C §
CD E N
CD
- ■
.69
> m
C? c 2 k
■ \ f
:th.
2
� > to
q m J 0
a a
co A
cn m
$ m C f o
4 -
>
7 § S.
9) o
E a ■
0 o 3 cn /
§ § f k J
�
® > O K
e
� 7 / a
0
CLERK'S CERTIFICATION
STA TE OF CALIFORNIA )
CO LINTY OF FRESNO )
CITY OF FRESNO )
On July 31, 2003, before me, Elvia Sommerville, Deputy City Clerk,personally appeared, Nick
P. Yovino, Planning and Development Director, known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s) whose name(s)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), or the
entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH
CITY CLERK
By (� .alp
Deputy