Loading...
HomeMy WebLinkAboutPM 2005-33 - Agreement/Covenant - 7/23/2008 (2) WHEN RECORDED MAIL TO: cc 0 Z City Clerk 0 City of Fresno U 2600 Fresno Street LLI Fresno, CA 93721-3603 w 07/23/2008120080104797 CIL J CITY of FRESNO Planning and Development Department P.W. File No. 5494-2005-33 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. 2005-33 Statement of Covenants Fee Deferral PM 2005-33 Page 2 RECITALS WHEREAS, RENE M. CHAREST COMPANY, INC., a California Corporation and KEVIN LAND, a Single Man, 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 F, inclusive, of Parcel Map No. 2005-33 according to the map thereof recorded in Book of Parcel Maps at Page(s) & f�,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 Vesting Tentative Parcel Map No. 2005-33 (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 2005-33 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 Development Director and shall be adjusted to reflect the Fee rates in effect at the time payment Statement of Covenants Fee Deferral PM 2005-33 Page 4 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 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. Statement of Covenants Fee Deferral PM 2005-33 Page 5 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 or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation. 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 Statement of Covenants Fee Deferral PM 2005-33 Page 6 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 2005-33 Page 7 DATED: /26 ZO CITY OF FRESNO, COVENANTOR a Municipal Corporation RENE M. CHAREST COMPANY, INC., Planning and Development Department A California Corporation Nick P. Yovino, Director By: By: Keit Bergthold, Ass i ant irector Re . Charest, President ENNIS ENT RISES, LLC., A California Li ited Liability Company APPROVED AS TO FORM: JAMES C. SANCHEZ By: City Attorney B A. Ennis, Ma Bing Member KEVIN LAND, a Single Man By: By: John W. Fox Kevin Land Deputy City Attorney Date: 6' b�( (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of �� n o On.M `� Y� �1 Zpa before me, � (Here insert name an title o th o er) personally appeared I ei C 6��,� who proved to me on the basis of satisfactory evidence to be the persoros whose nam(Wis/4 ubscribed to the within ' strument and acknowled ed to me that he/sh executed the same in his/heA e Nuthorized capacity les and that by his/he ignature sbn the instrument the personI�s, or the entity upon behalf of which the persoto acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. GONZALEZ COMM. # 1746987 Z WI ESS hand an official Seal ' .�� NOTARY PUBLIC-CALIFORNIA� FRESNO COUNTY My'Comm.Expires May 24,2011 Signature of Notary Pub (Notary Seal) AAAM ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com CLERK'S CERTIFICATION State of California ) County of Fresno ) On June 27, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Assistant Planning and Development Director, who 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) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CIVIC City Clerk, City of Fresno By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Jy1LL2-(o, La 3 , as Document No. D7" 1 Z3 (,�3 , in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: 4,N—M . (f+Gi..u5f Lam 17V, D)L. ��nis E;�t� ��s�s, C.t� 6v,n as Trustor, FcLLl, �y &Inbcm f T,4L .zn w'1111c..e_. LcmP``n y as Trustee, and C hen 5 6u6 i ban K , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for 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. 2005-33. DATED: q-1 -Q 8 BENEFICIARY By: �. LUrl�' 5 U &- , Wn h ,, 1 5 �JU3 in -t'-j s By: (Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of �S On )i 3 before me. C1 P LL - , Notary Public, personally appeared who proved to mi on the basis of tisfactory 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. I certify under PENALTY OF PERJURY under the laws of-the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seat) VALERIE CHARL50N Commission## 1531851 i @my Notary Public-Callfornfa ZFresno County Comm.Expires Dec 4 2008 2008ackdoc SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Apr 1 (�� a0Oa as Document No. ;) 00god 6 S'3"lli the office of the Fresno ��County Recorder, of which the Deed of Trust in, by and between: Rene, !`�1,CA gres+ 0"'mpa'6 xnc.- k kc-,v i n act rid as Trustor, 4—y N c&?0Aa 1 -rtVL-0t C )0n3na as Trustee, and ej 14- n eS�S A a h as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for 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-. DATED: BEN EFICI RY By: (r," C, t �t✓h� u t�n�sS r n By: (Beneficiary to print/type Name and Title;and attach Notary Acknowledgment) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of ) On v before me, Q r Notary Public, personally appeared who proved to me on the basis of sati •actory 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature` (Seal) VALERIE CHARLSON Commission# 1531851 Z :-aa " Notary public-California Fresno County OMy Comm.Expires Dec d,2008 2008ack.doc SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on p i-i 1 f C_A 0 b 3, as Document No.2oo$©p,,iz!�-Ja6 in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: e . 6 at`c-C4' V D►Al2aO-V T604--'je N,V h as Trustor, e IV a4 c- o na I T,+�P, Co not Yt h}� as Trustee, and 4 G � 7E 11-s f neSS Q Q n P , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for 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-. DATED: BENEFICIARY By: D Lon S V P ana5 C r-j ice ns 6 ne-ss. ryan K By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of -[-5 h-1Q. ) Once ,�- 4 before me, t-C .�►, Notary Public, personally appeared r , . who proved to me on the basis of satisfa ry 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) VALERIE CIiARiSCN ]]]QMY Commission# 1531851 Notary Public-California Fresno County Comm.Expires Dec 4,2008 2008ackdoe SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , RG OY , as Document No. 9 008-00 G2116in the office of the Fresno County Recorder, of which the Deed of Trust in, by and fb�etween: pp � - p �. a�^ �` Co Y\ T'n V'. 3�ke.Jfn ►d�' , asTrustor, E d,2 11 ` N) A/naiI n nc2 Eh S (h r a i M rt Y, as Trustee, and 0 esS a n vt<' as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for 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-. DATED: BENEFICIARY By: — D kon 9.) 5 VP G a+; z,ens Q us t o les,!� Y3 By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of 6� ) On 1a4 before me c, c-i` &kl�7�-, Notary Public, personally appeared who proved to me on the basis of satil4factory 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) VALERIE CHARLSON CommisSlon#1531851 .�� Notary Public-California ' Fresno County My Comm.Expires Dec 4,2008 y 2008ackdoc EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2005-33 Project Zoning: C-M/UGM/cz 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 inch Meters @ $_/Meter = $ N/A C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: E 15.2488 Gross Acres @ $643.00 /ac. _ $ 9,804.98 Estimated Net Deferred UGM TGM Charge = $ 9,804.98 D. Transmission Grid Main Bond Debt Service Charge 15.2488 Gross Acres @ $243.00 /ac. _ $ 3,705.46 Estimated Net Deferred TGM Bond Debt Service Charge = $ 3,705.46 E. Frontage Fee 1,361 Lineal Feet @ $ 6.50 /LF = $ 8,846.50 Estimated Net Deferred Frontage Fee = $ 8,846.50 F. 1994 Bond Debt Service Fee 501 1994 Bond Debt Service Area. 77 Living Unit Equivalents @ $ 93.00/ Unit = $ 7,161.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 7,161.00 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: undesi nq ated 141,100 Square Feet @ $0.05 / Sq. Ft. _ $ 7,055.00 Estimated Deferred UGM Oversize Sewer Charge = $ 7,055.00 B. Lateral Sewer Charge 141,100 Square Feet @ $0.10 / Sq. Ft. _ $ 14,110.00 Estimated Deferred Lateral Sewer Charge = $ 14,110.00 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 III. URBAN GROWTH MANAGEMENT FEES A. UGM Major Street Charge Service Area: D-1/E-2 13.2690 Net Adj Acres @ $ 3,161.00 /NAA = $ 41,943.31 Estimated Deferred UGM Major Street Charge = $ 41,943.31 B. UGM Major Street Bridge Charge Service Area: D-1/E-2 13.2690 Net Adj Acres @ $ 304.00 /NAA = $ 4,033.78 Estimated Deferred UGM Major Street Bridge Charge = $ 4,033.78 C. UGM Grade Separation Charge Service Area: 13.2690 Net Adjusted Acres @ $_/NAA = $ N/A D. 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. CITYWIDE IMPACT FEES A. The following charges are not deferrable sander the terms of this covenant: 1. Citywide Fire Facilities Impact Fee (Due @ Occupancy- Reso. 05-429) 2. Citywide Park Facility Impact Fee (Due @ Occupancy- Reso. 05-427) 3. Citywide Police Facilities Impact Fee (Due @ Occupancy- Reso. 05-428) 4. Citywide Regional Street Impact Fee(Due @ Building Permit- Reso. 07-291) 5. Citywide New Growth Major Street Impact Fee (Due @ Building Permit- Reso. 07-291) document:\wp5l\deferral\pm2005-33exhibitA March 25,2008 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS PM 2005-33 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Major Major Lot Lot Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Street Bridge No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due A 67305 $1,127.30 $1,249.41 $472.17 $930.00 $1,798.02 $899.01 $5,344.93 $5,14.03 B 68568 $1,148.45 $1,272.88 $481.04 $930.00 $1,831.76 $915.88 $5,445.14 $523.67 C 154914 $2,594.67 $2,875.82 $1,086.82 $2,046.00 $4,138.45 $2,069.23 $12,301.98 $1,183.11 4D 70506 $1,180.91 $1,308.89 $494.65 $930.00 $1,883.53 $941.77 $5,599.08 $538.48 E 38645 $647.27 $717.40 $271.12 $558.00 $1,032.38 $516.19 $3,068.70 $295.12 F 128239 $2,147.89 $2,380.58 $899.66 $1,767.00 $3,425.84 $1,712.92 $10,183.79 $979.40 document:\q\print\h 25-Mar-08