HomeMy WebLinkAboutPM 2003-16 - Agreement/Covenant - 3/1/2005 (2) WHEN RECORDED MAIL TO: IIII III III�III it III III�II III illi III�illl�II II Iili
FRESNO County Recorder
City Clerk . Robert C, Werner
City of Fresno DOC— 200x4-0285317
2600 Fresno Street
Fresno, CA 93721-3603 Acct 8-Stewart Title Of Fresno County
Wednesday, DEC 22, 2004 08:00:00
Ttl Pd $60.00 Nbr-0001688411
RGR/R7/2-15
NO FEE -Government Code 6103
CITY of FRESNO
Planning and Development Department
P.W. File No. 5494-2003-16
APN: 402-020-18 & 27
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. 2003-16
Statement of Covenants
Fee Deferral
FPM 2003-16
Page 2
RECITALS
WHEREAS, ZINKIN FAMILY PARTNERS, 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 E, inclusive, of Parcel Map No. 2003-16 according
to the map thereof recorded in Book Li of Parcel Maps
at Page(s) ate! 5r , 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. 2003-16 (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
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
a
Statement of Covenants
Fee Deferral
FPM 2003-16
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.
t�
V
Statement of Covenants
Fee Deferral
FPM 2003-16
Page 4
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.
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.
fy
Statement of Covenants
Fee Deferral
FPM 2003-16
Page 5
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
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
1 j#
f
Statement of Covenants
Fee Deferral
FPM 2003-16
Page 6
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 2003-16
Page 7
DATED: ycs� ra�
CITY OF FRESNO, COVENANTOR
a Municipal Corporation ZINKIN FAMILY PARTNERS
A California Limited Partnership
By:
Ni P. Yovino, Director DeWay a Zi kin, Partner
P P.
and Development Department
APPROVED AS TO FORM:
HILDA CANTIJ-MONTOY
City Attorney
By
Deputy (Attach Notary Acknowledgment)
K:\Louisr\FPM 2003-16\FPM 2003-16 Covenant fee
deferral rev07-02-04.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i -
I
State of California
County of FreSN D ss
on 3o U —, before me, Zine
to Name and Title of Officer(e.g.,'Jan6 Doe,Notary WC)
personally appeared De W a(Arlt- &Y1V_t.i-1 ,
—� Name(s)of Signer(s)
(personally known to me
❑ proved to me on the basis of satisfactory
evidence
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to be the person(s) whose name(s) is/are )
61na .— subscribed to the within instrument and
coo n.if 1352931
m MUMacknowledged to me that helshelthey executed
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MIN COUNTY � the same in his/her/their authorized
( WCM.MM AM2%iooe capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
I
Place Notary Seal Above , Signature of ota ublic )
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 I
Description of Attached Document _1�
Title or Type of Document: tk�t?meni Ck C.eyey tt� 411rC r I IY" _�Iz 03
I' Document Date: Number of Pages: I I
I
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual e .
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
' ❑ Guardian or Conservator
I
❑ Other:
I
Signer Is Representing:
i
i
®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
y
CLERK'S CER TIFICA TION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On December 17,2004,before me,Erika Leyva,Deputy City Clerk,personally appeared Nick P.
Yovino,Director Planning and Development Department,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 + L
De uta
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
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
29.0498 Gross Acres @ $ 643 /GA = $ 18.679.02
Paid with permit#03-3346 = $ 3,193.47
Estimated Net Deferred UGM TGM Charge = $ 15,485.55
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
29.0498 Gross Acres @ $243.00/ac. _ $ 7.059.10
Paid with permit#03-3346 = $ 1.386.88
Estimated Net Deferred TGM Bond Debt Service Charge = $ 5,672.22
E. Frontage Fee
3716 Lineal Feet @ $ 6.50/LF = $ 24.154.00
Paid with permit#03-3346 = $ 7,020.00
Estimated Deferred Frontage Fee = $ 17.134.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
152 Living Unit Equivalents @ $895.00 /Unit = $136,040.00
Paid with permit#03-3346 = $ 23.681.70
Estimated Deferred 1994 Bond Debt Service Fee = $112.358.30
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: 6
132.800 Square Feet @ $0.05/ Sq. Ft. _ $ 6,640.00
Paid with permit#03-3346 = $ 2,850.00
Estimated Net Deferred UGM Oversize Charge = $ 3,790.00
B. Lateral Sewer Charge
57,000 Square Feet @ $0.10 /Sq. Ft. _ $ 5.700.00
Paid with permit#03-3346 = $ 5.700.00
Estimated Net Deferred Lateral Sewer Charge = $ 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
.Ill. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 13
29.0498 Gross Acres @ $ 654.00 /GA = $ 18.998.57
Paid with permit#03-3346 = $ 4,090.57
Estimated Net Deferred UGM Fire Station Fee = $ 14,908.00
B. UGM Neighborhood Park Fee
Service Area: 1
29.0498 Gross Acres @ $-80O.00/GA = $ 23,239.84
Paid with permit#03-3346 = $ 3,446.34
Estimated Net Deferred UGM Neighborhood Park Fee = $ 19,793.50
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: B
28.2615 Net Adj Acres @ $&80.00/NAA = $ 18,998.57
Paid with permit#03-3346 = $ 3,102.23
Estimated Net Deferred UGM Major Street Charge = $ 0.00
E. UGM Major Street Bridge Charge
Service Area: B
28.2615 Net Adj Acres @ $ 5.00 /NAA = $ 141.31
Paid with permit#03-3346 = $ 22.81
Estimated Net Deferred UGM Major Street Bridge Charge = $ 0.00
F. UGM Traffic Signal Charge
28.2615 Net Adjusted Acres @ $ 860.00 /NAA = $ 24,304.89
Paid with permit#03-3346 = $ 3.923.41
Estimated Net Deferred UGM Neighborhood Park Fee = $_ 20.381.48
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $_/NAA = $ N/A
H. 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\wp51\deferraAPM2003-16rexhibitAr September 23,2004
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
PM 2003-16 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Fire Neighborhood Traffic
Lot Lot Frontage T.G.M. Bond Debt Bond Debt Oversize Station Park Signal
No. Area Amount Amount Amount Amount Amount Amount Amount .Amoun
Due Due Due Due Due Due Due Due
A 196091 $3,948.69 $3,289.07 $1,165.26 $23,672.75 $725.00 $3,187.60 $4,061.76 $4,257.0
B 212403 $4,259.71 $3,395.04 $1,264.55 $24,657.25 $865.00 $3,333.31 $4,440.64 $4,601.0
C 194092 $4,011.28 $3,291.84 $1,165.26 $23,663.80 $725.00 $3,155.09 $4,045.44 $4,128.0
D 344721 $4,914.32 $5,509.61 $2,077.16 $40,364.50 $1,475.00 $5,232.00 $7,245.68 $7,395.4
E 221421 Paid Paid Paid Paid Paid Paid Paid Paid
document:\q\print\h 23-Sep-04
Parcel Map No. 2003-16
P.W. File No. 5494-2003-16
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 2, 2003 , as Document No. 2003-0292797, in the office of the
Fresno County Recorder, of which the Deed of Trust in, by and between:
Zinkin Family, A Califomia Limited Partnership , as Trustor,
Stewart Title of California, Inc., a California Corporation , as Trustee, and
Housing Capital Company, a Minnesota Partnership , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
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 Certification of Occupancy and Creation of Lien for Parcel Map No. 2003-
16.
DATED: �L A /
TRUSTEE or BENEFICIARY
By: � U✓�
'�r..•�e I �• tw.r �SCC r� ✓.
By:
(Trustee/Beneficiary to print/type Name and Title;and
attach Notary Acknowledgment)
f.
4 '
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
MOM
State of California
f
County of -F�Q.S/1y ss.
On 1,-2- OL- , before I ter- 5c,04 ,
ate Na a and Tale of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared _F�)o m QS 6. 106--p-I'ZA -r ,
ame(s)of Signer(s)
❑ personally known to me
roved 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 R capacity(ies),* and that by his/her/their
Comm.#1361048 signature(s) on the instrument the person(s), or
NOTARY PUBLIC.CALIFORNu CO the entity upon behalf of which the person(s)
FRESNO COUNTY (1) acted, executed the instrument.
,s MY COMM.EXPIRES JULY 28.2006
I Wt ESS my and and official seal.
Place Notary Seal Above C 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 Docuant
Title or Type of Document: �+a- 14 6P On U¢4 i5 rC j'}uw
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual "thumb
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ 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 1-800-876-6827