HomeMy WebLinkAboutPM 2005-07 - Agreement/Covenant - 10/18/2006 (2) WHEN RECORDED MAIL TO: 10/11/2006,20060211154
City Clerk
jT City of Fresno
O 2600 Fresno Street
Z Fresno, CA 93721-3603
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CITY of FRESNO
Planning and Development Department
P.W. File No. 5494-2005-07
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. 2005-07
Statement of Covenants
Fee Deferral
PM 2005-07
Page 2
RECITALS
WHEREAS, IMAGE HOMES INC., a California Corporation , 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. 2005-07 according to the
map thereof recorded in Book 66 of Parcel Maps at Page(s)-44-z4 7
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. 2005-07 (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
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
Statement of Covenants
Fee Deferral
PM 2005-07
Page 3
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
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
Statement of Covenants
Fee Deferral
PM 2005-07
Page 4
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
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.
Statement of Covenants
Fee Deferral
PM 2005-07
Page 5
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.
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 2005-07
Page 6
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
IMAGE HOMES, INC.
a California Corporation
By: By:
tPlanrRIVig
o, Director Kirk St art, Cf Executive Officer
Development Department
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: -
Deputy
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On September 14, 2006 before me, Rosie Drouillard . 1` 1.1 l
DATE NAME,TITLE OF O CER"
personally appeared Kirk Stewart
NAME(S)OF SIGNER(S)
Er Personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be
the person(a) whose name(&)&are subscribed to the
within instrument and acknowledge to me that
( ie/she/they executed the same ir6ii /her/their authorized
ROSIE DR i'"UARD capacity(yes), and that byes%her/their signaturek&) on the
Comm.# 1582915 instrument the person(&), or the entity upon behalf of
NOTARY PUBLIC•CALIFORNIA N
Fresno county — which the person(() acted,executed the instrument.
MY Comm.EXPIrea June 25 2009'
WITNESS my hand and official seal
SIGNATURE OF NOTARY
OPTIONAL
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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On October 6, 2006, before me, Erika Leyva, 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 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. KL ISCH
CITY CLERK
-k By
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2005-07
Project Zoning: R-2/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)
4 - 1.0 inch Meters @ $ 330.00 /Meter = $ 1,320.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
0.9516 Net Adj Acres @ $804.00 /ac. _ $ 765.09
Estimated Net Deferred UGM TGM Charge = $ 765.09
D. Transmission Grid Main Bond Debt Service Charge
0.9516 Net Adj Acres @ $304.00 /ac. = $ 289.29
Estimated Net Deferred TGM Bond Debt Service Charge = $ 289.29
E. Frontage Fee
423 Lineal Feet @ $ 6.50 /LF = $ 2.749.50
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
8 Living Units @ $ 0.00/ Unit = $ 0.00
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
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 16
36,700 Square Feet @ $0.05 / Sq. Ft. _ $ 1,835.00
Estimated Deferred UGM Oversize Sewer Charge = $ 1,835.00
B. Lateral Sewer Charge
29,500 Square Feet @ $0.10 / Sq. Ft. _ $ 2,950.00
Estimated Deferred Lateral Sewer Charge = $ 2,950.00
C. Housebranch Sewer Charge = $ NIA
D. Millbrook Sewer Overlay
_ Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. Copper Avenue Sewer Lift Station Benefit Service Area Charge
Units @ $650.00/Unit = $ N/A
F. 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: 14
1.5148 Gross Acres @ $ 2,056.00 /GA = $ 3,155.55
Estimated Deferred UGM Fire Station Fee = $ 3,155.55
B. UGM Neighborhood Park Fee
Service Area: 6
1.5148 Gross Acres @ $ 3,283.00 /GA = $ 5,038.75
Estimated Deferred UGM Neighborhood Park Fee = $ 5,038.75
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area: Herndon
1.5148 Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: C/D-2
0.9516 Net Adj Acres @ $ 2,798.00 /NAA = $ 2,662.58
Estimated Deferred UGM Major Street Charge = $ 2,662.58
E. UGM Major Street Bridge Charge
Service Area: C/D-2
0.9516 Net Adj Acres @ $ 94.00 /NAA = $ 89.45
Estimated Deferred UGM Major Street Bridge Charge = $ 89.45
F. UGM Grade Separation Charge
Service Area:
0.9516 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
IV. NON - URBAN GROWTH MANAGEMENT IMPACT FEES
A. Traffic Signal Charge
8 Living Units @ $ 331.75 / Unit = $ 2.654.00
Estimated Deferred Traffic Signal Charge = $ 2.654.00
document:1wp51\deferraRpm2005-07exhibitA August 22,2006
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