HomeMy WebLinkAboutPM 2004-07 - Agreement/Covenant - 3/2/2006 (2) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno 00x35®3
2600 Fresno Street
0 Fresno, CA 93721-3603 ��.0®6100
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CITY of FRESNO
Planning and Development Department
P.W. File No. 5494-2004-07
APN: 402-030-46
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. 2004-07
Statement of Covenants
Fee Deferral
PM 2004-07
Page 2
RECITALS
WHEREAS, BAKER ASSOCIATES, 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 D, inclusive, of Parcel Map No. 2004-07 according to the
map thereof recorded in Book S of Parcel Maps at
Page(s) Q , 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. 2004-07 (hereafter,
"Project"),require the payment of applicable sewer connection charges,water connection charges,
Urban Growth Management fees, Traffic Signal Charge 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 -
Statement of Covenants
Fee Deferral
PM 2004-07
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 of this
instrument. The Fee obligations stated in said Exhibit"B"shall be maintained by the Planning and
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Statement of Covenants
Fee Deferral
PM 2004-07
Page 4
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 final
cT 5
J? J1
Statement of Covenants
Fee Deferral
PM 2004-07
Page 5
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 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.
r
Statement of Covenants
Fee Deferral
PM 2004-07
Page 6
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
PM 2004-07
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation BAKER ASSOCIATES,
A CALIFORNIA GENERAL PARTNERSHIP
By:
Ni*'r6. ino, Director bavid B. Miller, Partner
Plani g and Development Department
By`c- �,
Dana Blencowe, Partner
APPROVED AS TO FORM:
HILDA CANTO-MONTOY
City Attorney
By:
Peter B. Miller, Partner
By: (Attach Notary Acknowledgment)
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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I` State of 40 ir ror!h iG�
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i personally appeared Day l,cL I. m i I ler dAA_ Da1,61 B le-n Cockle-
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I Name(s)of Signer(s) )
–C9'proved tome on the basis of satisfactory evidence to be the person(s)
whose name(s)kfare subscribed to the within instrument
and acknowledged to me that be/sere/they executed the )
(' same in his/1ilr/their authorized capacity(ies), and that by
I, bis/hef/their signature(s) on the instrument the person(s), )
I11 BARBARA H7COSBYjj or the entity upon behalf of which the person(s) acted,
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COMM. # 1526736 executed the instrument.
fr. NOTARY PUBLIC-CALIFORNIA m
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( Signature of Notary Public
OPTIONAL
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Title or Type of Document: c�-►'tii J4 Ilh btudoLpP\
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Signer(s) Other Than Named Above:
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❑ Trustee ❑ Trustee _
❑ Guardian or.Conservator ON ❑ Guardian or Conservator
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Signer Is Representing Signer Is Representing: k
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Boz 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On November 21, 2005 before me, Janice E. Elizondo, Notary Public, personally
appeared Peter B. Miller, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal. _
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NICE E. IaZO�JDO
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NCOMM.#1389206 O
NOTARY PUBLIC-CALIFORNIA y
COUNTY OF CONTRA COSTA
COMM.EX' Atn.5,2007
it-ary Public
Parcel Map No. 2004-07
P.W. File No. 5494-2004-07
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 2 , 2005 2005-0122755
as Document No. ,
in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between:
Baker Associates, a California general partnership as Trustor,
American Securities Company, a California corporation as Trustee,
Wells Fargo Bank, National Association
-..and , 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 Certificate of Occupancy and Creation of Lien for
Parcel Map No. 2004-07.
DATED: December 2 , 2005
_ BENEFICIARY...,.
By:
Ronald M. Dunn
Vice President
By
(Beneficiary to print/type Name and Title: and
attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of f:�resn0
Onbefore me, Z�1i2b, /�[ccry y�Gbli� ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notafy Public")
personally appeared �Y16LIC� _I?�1• '�. nn
Name(s)of Signer(s)
personally 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
D.DEL TORO he/she/they executed the same in his/her/their
Commisslon# 1584778authorized capacity(ies), and that by -his/her/their
Wary Pumc-Calftornla signature(s) on the instrument the person(s), or the
Fresno county entity upon behalf of which the person(s) acted,
NW comm.expires Jun it,200 executed the instrument.
WITNESS m 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..
Description of Attached Document a'
Title or Type of Document: cQ'YG�fi1GL�lDI�
Document Date: Yaem ° Number.of Pages:' 1
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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 ❑ General mewmajimigning, ❑ Partner—❑ Limited ❑ General -
❑ Attorney in Fact To of thumb here ❑ Attorney in Fact
Top Top of thumb here
El Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing: '
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876.6827
Parcel Map No. 2004-07
P. W. File No. 5494-2004-07
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 14, 2004, as Document No. 2004-0278727, in the office of the
Fresno County Recorder, of which the Deed of Trust in, by and between: River Bluff
Investors, a Joint Venture, composed of Central pacific Investments, a California
Corporation; and River Bluff Partners, a California Limited Partnership, as Trustor,
Financial Title Company, a California Corporation, as Trustee, and Riverview Estates,"
a Partnership, as Beneficiary, hereby expressly-subordinates said Deed of Trust and its
beneficial interest thereto 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
Certificate of Occupancy and Creation of Lien for Parcel Map No. 2004-07.
Dated: January 27, 2006
BENEFICIARY
RIVERVIEW ESTATES, a Partnership
By: The Roz Group, Inc., a California Corporation, Formerly
Known as Bargain Homes, Inc., a California .
Corporation, Partner
By:
Victor Rozno y, resident
By: Better Homes, Inc., a California Corporation, Partner
By: -
Stant y L. Spa , President
By: Fresno Supreme, Inc., a California Corporation, Partner
By;
Hubert Hoffman, President
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On January 27, 2006 before me, Susan Lantz, Notary Public (Name,Title of Officer)
personally appeared Victor Roznovsky, Stanley L. Spano,and Hubert Hoffman
(Name(s)of signer(s)
Q personally known to me - OR El or proved to me on the basis of satisfactory
evidence to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed
the same in their authorized capacities,
SUSANtAWTZ and that by their signatures on the
Cornmis W i 1371855
instrument the persons, or the entity
Ftesno Cou* upon behalf of which the persons
My Comm.EkpiresSep14,2000 acted, executed the instrument.
WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
My commission expires September 14,2006
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Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
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INDIVIDUAL(S)
CORPORATE OFFICERS P.W. File No. 5494-2004-07
PM 2004-07 Subordination Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) 8 LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT 12/14/04 - No. 2004-0278727
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
CLERK'S CERTIFICATION
State of California)
County of Fresno)
City of Fresno)
On February 1, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Nick P. Yovino, Planning and Development Director, 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 be 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), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2004-07
Project Zoning: C-P/BA-20/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
_ inch Meters @ $_/Meter = $ N/A
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
7.9693 Gross Acres @ $643.00 /ac. _ $ 5,124.26
D. Transmission Grid Main Bond Debt Service Charge
7.9693 Gross Acres @ $243.00 /ac. _ $ 1.936.54
E. Frontage Fee
1,894 Lineal Feet @ $ 6.50 /LF _ $ 12,311.00
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
33 Living Unit Equivalents @ $ 895.00 / per LUE _ $ 29,535.00
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
■
Il. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area:-7
220,000 Square Feet @ $0.05 / Sq. Ft. _$ 11,000.00
Less amount paid with Development = $ 1,311.30
Estimated Deferred UGM Oversize Sewer Charge _ $ 9.688.70
B. Lateral Sewer-Charge
169,000 Square Feet @ $0.10 / Sq. Ft. _ $ 16,900.00
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
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III. URBAN GROWTH MANAGEMENT FEES
A. UGM Neighborhood Park Fee
Service Area: 6
7.4735 Gross Acres @ $821.00/GA $ 3,676.96
Less amount to be paid for E.I.B.P.* _ $ 13,010.24
Estimated Deferred UGM Neighborhood Park Fee = $ 62.958.38
B. 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:\wp5l\deferral\pm2004-07exhibitA November 1,2005
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
PM 2004-07 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water TGM Water 1994 Sewer Sewer Neighborhood
Lot Lot Frontage T.G.M. Bond Debt. Bond Debt Lateral Oversize Park
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
A 32291 $1,611.38 $670.71 $253.47 $3,865.83 $2,212.04 $1,268.15 $803.10
B 83671 $4,175.34 $1,737.90 $656.78 $10,016.96 $5,731.73 $3,285.98 $2,080.99
C 130742 $6,524.28 $2,715.65 $1,026.29 $15,652.22 $8,956.24 $5,134.57 $3,251.65
document: 1glprintlh 01-Nov-05