The URL can be used to link to this page

Home My WebLink AboutPM 2003-11 - Agreement/Covenant - 3/30/2005 i WHEN RECORDED MAIL TO: W City Clerk City of Fresno 2600 Fresno Street CR Fresno, CA 93721-3603 0311811885188588 � 68747 NO FEE-Government Code 6103 CITY of FRESNO Planning and Development Department P.W. File No. 5494-2003-11 APN: 401-020-81 & 86 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 PARCEL MAP NO. 2003-11 Statement of Covenants Fee Deferral FPM 2003-11 Page 2 RECITALS WHEREAS,RIVER VIEW,A California 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 I, inclusive, of Parcel Map No. 2003-11 according .to the map thereof recorded in Book (D q of Parcel Maps at Page(s) thru by , 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 Tentative Parcel Map No. 2003-11 (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 Statement of Covenants Fee Deferral FPM 2003-11 Page 3 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 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. Statement of Covenants Fee Deferral FPM 2003-11 Page 4 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 Fee Deferral FPM 2003-11 Page 5 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. 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 ■ Statement of Covenants Fee Deferral FPM 2003-11 Page 6 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 Fee Deferral FPM 2003-11 Page 7 DATED: /-27_OS CITY OF FRESNO, COVENANTOR a Municipal Corporation River View A California General Partnership By By: Waft .I Nic FTO�vlo, Director DeWay Zin ' , General Partner Plan g and Development Department APPROVED AS TO FORM: HILDA CANTU-MONTOY City Attorney By441 (Attach Notary Acknowledgment) Deputy K:\Louisr\FPM 2003-11 TPM 2003-11 Covenant fee deferral rev07-02-04.wpd CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On January 27, 2005, 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, CMC CITY CLERK U ByJ Deputy January 27,2005(2:40pm) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �'.cr.�cecc�.ercit'.cG�ccccccacccc.ct.cr.�rcrcrcrc�.ctcrerercrcr�.c�.c�.c�.crctct.cr- - State of California County of Yre5n 0 ss. l 8 oLho� I On 1 , before me Date `,, Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared AUL-f .2 Z `vmtz 0 , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence i 1 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 „�. Sheryl D.Miller Scott capacity(ies), and that by his/her/their jj Comm.# 1367048 signature(s) on the instrument the person(s), or .tea NOTARY PUMC-CALIFORMACf) the entity upon behalf of which the person(s) FRESNO COUNTY r0 MY COMM.EXMRES JULY 28,2006 b acted, executed the instrument. WIT LESS my hand and official seal. i Place Notary Seal Above Signature of Notary Public I 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. i Description of Attached D cuenrp t V. ( r /� Title or Type of Document: •�?ayL &,474 9F T m2 ZwCe-* i Document Date: Number of Pages: Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): P Partner—❑ Limited [,General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • Parcel Map No. 2003-11 P.W. File No. 5494-2003-11 Subordination The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 22, 2003, as Document No. 2003-0226778, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: River View, a California General Partnership, as Trustor, Valley Independent Bank, a California Corporation, as Trustee, and Valley Independent Bank, a California Corporation, as Beneficiary, Hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Cross Access and Multi Use Reciprocal Easements for Parcel Map No. 2003-11. Dated: TRUSTEE or BENEFICIARY By: Norm Clark Title: V2&L vo (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgement) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On San,l8,A400S , before me, ) �. rn[ )ta*�, PIS, Date Name and Title of Officer(e.g.,"Jane Doe,Notary P bli ) personally appeared 1Jbrh-.a.►\ L_. n1 le-_ , Name(s)of Signer(s) 14ersonally known to me ❑ 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 Sheryl D.Miller Scott capacity(ies), and that by his/her/their C Comm.# 1361048 signature(s) on the instrument the person(s), or ...)� NOTAPUBLIC-CALIFORNIA FRESNOCOUNTY U) the entity upon behalf of which the Person(person(s) MY COMM.EXPIRES JULY 28,2008 acted, executed the instrument. NESS y hand and official seal. 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. `.I Description of Attached Doccum(pnt Title or Type of Document: C Or Al Y\4- �a Document Date:_T)$ �� Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual � Top of thumb here X Corporate Officer—Title(s): y N ce- ❑ Partner—❑ Limited ❑ General v a\Kn�� ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-600-676-6827 EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Fees are being deferred for parcel "C"only. Project Zoning: C-M/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 15.1240 Gross Acres @ $ 643/GA = $ 9.724.73 Estimated Net Deferred UGM TGM Charge = $ 1,138.11 D. Transmission Grid Main Bond Debt Service Charge For Parcels Under 5 Gross Acres 15.1240 Gross Acres @ $243.00/ac. _ $ 3.675.13 Estimated Net Deferred TGM Bond Debt Service Charge = $ 430.11 E. Frontage Fee 1764 Lineal Feet @ $ 6.50/LF = $ 11.466.00 Estimated Deferred Frontage Fee = $ 1.261.00 F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 71 Living Unit Equivalents @ $895.00/Unit = $ 63,545.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 5.370.00 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: 4 176.400 Square Feet @ $0.05 / Sq. Ft. _ $ 8.820.00 Estimated Net Deferred UGM Oversize Charge = $ 1.220.00 B. Lateral Sewer Charge 9.000 Square Feet @ $0.10 / Sq. Ft. _ $ 900.00 Estimated Net Deferred Lateral Sewer Charge = $ 0.00 C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay 12.2103 Net Adj Gross Ac @ $393.00/NAA = $ 389.07 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: 13 15.1240 Gross Acres @ $_Z42.00/GA = $ 11.222.01 Estimated Net Deferred UGM Fire Station Fee = $ 1.313.34 B. UGM Neighborhood Park Fee Service Area: 1 15.1240 Gross Acres @ $ 800.00/GA = $ 12.099.20 Estimated Net Deferred UGM Neighborhood Park Fee = $ 1,416.00 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: A 12.2103 Net Adj Acres @ $ 0.00 /NAA = $ 0.00 Estimated Net Deferred UGM Major Street Charge = $ 0.00 E. UGM Major Street Bridge Charge Service Area: A 12.2103 Net Adj Acres @ $ 0.00/NAA = $ 0.00 Estimated Net Deferred UGM Major Street Bridge Charge = $ 0.00 F. UGM Grade Separation Charge Service Area: _ Net Adjusted Acres @ $ /NAA = $ N/A 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 document WlWeferraAPM2003-1 lrexhibRAr December 23,2004 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS PM 2003-11 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Fire Neighborhood Millbrook Lot Frontage T.G.M. Bond Debt Bond Debt Oversize Station Park Overlay No. Amount Amount Amount Amount Amount Amount Amount Sewer Due Due Due Due Due Due Due A Paid Paid Paid Paid Paid Paid Paid Paid B Paid Paid Paid Paid Paid Paid Paid Paid C $1,261.00 $1,138.11 $430.11 $5,370.00 $1,220.00 $1,313.34 $1,416.00 $389.07 D Paid Paid Paid Paid Paid Paid Paid Paid E Paid Paid Paid Paid Paid Paid Paid Paid F Paid Paid Paid Paid Paid Paid Paid Paid G Paid Paid Paid Paid Paid Paid Paid Paid H Paid Paid Paid Paid Paid Paid Paid Paid I Paid Paid Paid Paid Paid Paid Paid Paid document:\q\print\h 23-Dec-04