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HomeMy WebLinkAboutPM 2007-15 - Agreement/Covenant - 10/29/2008 (3) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603ck 101291200$,200$0152205 CITY of FRESNO Q Planning and Development Department Q LL P.W. File No. 5494-2007-15 O U WI cn W J CL 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. 2007-15 Statement of Covenants Fee Deferral PM 2007-15 Page 2 RECITALS WHEREAS, MID STATE INVESTORS, LLC., a California Limited Liability Company, 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 and B, inclusive, of Parcel Map No. 2007-15 according to the map thereof recorded in Book 9 of Parcel Maps at Page(s),_?4 6V 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. 2007-15 (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 2007-15 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 accountfor 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 2007-15 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 2007-15 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 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 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 2007-15 Page 6 DATED: 1 ', .2 L CITY OF FRESNO, COVENANTOR a Municipal Corporation MID STATE INVESTORS, LLC., Planning and Development Department A Californi�f imi. Liability Company t. By: i� gY: �---�� Keith Bergthold, In erim Director Percy' . Williams, Member APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: c)( tv John W. Fox Deputy City Attorney Date: 1c)12', /7 "a (Attach Notary Acknowledgments) State of California ) County of Fresno ) On September 23, 2008 before me, H. Roberts , Notary Public (here insert name and title of the officer), personally appeared Percy L. Wiliams, 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), 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 rn a d official seal. —k-1:' H. ROBERTS Signature Z (Seal) Commission# 1689872 a "� Notary public- California Fresno County MY Comm.Expires Sep 23,2010' (notary)(12-07) CLERK'S CERTIFICATION State of California ) County of Fresno ) On October 22, 2008, before me, Jennifer Morelos, Deputy City Clerk, City of Fresno, personally appeared, Keith Berqthold, Interim 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, CMC City Clerk, City of Fresno By Deputy Y � F � 1V SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on July 31, 2007 , as Document No. 2007-0145461**, in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: Mid State Investors, LLC , as Trustor, Fidelity National Title Company as Trustee, and San Luis Trust Bank 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. 2007-15. **Modified, Sept 26, 2007, Inst #2007-0179885 **May 28, 2008, Inst #2008-0076614 DATED: BENEFICIARY By: -�U�-- i n By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) State of California ) Countyof 1� l lSQ ) On - 2 before me, Notary Public (here insert name and title of the officer), personally 4eared who proved to me on the basis of satisfactory evidence to be the person(}whose name(A is/are"iaubscribed to the within instrument and acknowledged to me that hefshncfthey executed the same in hispi"eir authorized capacity(les ,and that by hisAiei � signatureV) on the instrument the person(a), or the entity upon behalf of which the person( 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 rVy han nd offi ial seal. AMY J.MERAZ Signature (Seal) Commissbn# 1x549682 -� Notary Public-California San Luis Obispo County My Comm.Expires Feb 3,2009 (notary)(12-07) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 2, 2008 , as Document No. 2008-0064840 , in the office of the Fresno County Recorder, of which the Deed of Trust in, by and between: Mid State Investors, LLC , as Trustor, Fidelity National Title Company as Trustee, and Lee Vincent Lavelle and Laurette Marie Lavelle, as trustees**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. 2007-15. DATED: BENEFICIARY Lee Vincent Lavelle and Laurette Marie Lavelle, as trustees of ,The a Vincent Lavelle and Laurette Marie Lavelle Trust 1-e By _�,,. ` �. -r��ca��E By: .�� / � �G ? -tom, , Lee Vincent Lavelle, trustee Laurette Marie Lavelle, trustee Robert Me er and Patricia Meyer, trustees of1�0b t nd a ricia Meyer Revocable Living u t at 07 77 as amended By: By: 8 y-i -tact to Meyer Robert Meyer„ trustee i Patricia Meyer,,,�ttufstee Scott K. .Cursey He rik Nielsen **of The Lee Vincent Lavelle and Laurette Marie Lavelle Trust as to an undivided 260/4255ths interest; Robert Meyer and Patricia Meyer, trusteesof The Robert and Patricia Meyer Revocable Living Trust dated 7/28/77 as amended as to an undivided 90/425ths interest; Scott K. Cursey, a single man as to an undivided 5/425ths interest; Henrik Nielsen, a married man as sole and separate property as to an undivided 70/425ths interest (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) Andrew V. Marinello and Lori L. Marinello, husband and wife as joint tenants as to an undivided 75/260ths interest Escrow No.: 07-613132-HR Locate No.: CAFNT0910-0910-0005-0000613132 Title No.: 07-613132-ak BENEFICIARY CONTINUED A rew V. Mrinello Lori L Marinello Exhibit Page—signatures(exhibi)(8-02) STATE OF CALIFORNIA } } ss. COUNTY OF SAN LUIS OBISPO } On 9-26-08, before me, L. A. BLASQUEZ, a Notary Public, personally appeared ANDREW V. MARINELLO and LORI L. MARINELLO,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) 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. - ..� CL�i ii' ir; - Coun;y it aa"L-A Ove=po ," Signature Mi Comm,f-yr.Sept.1q,2C"9 Notary Name: L. A. BLASQUEZ Notary Phone Number: 805-786-2038 (please PRINT) Notary Registration Number: 1601565 Commission Expiration Date: 9-16-09 County of Principal Place of Business San Luis Obispo SWS Vision Form SAS03CA Rev.06/23/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 e r-� On a2� _ before me, Date Jere Ins Jame and Title of the ZOffi personally appeared Name s)of Signers r C � I� � � G 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 DINA A. COM capacity(ies), and that by his/her/their signature(s) on the Commission 0 1770166 instrument the person(s), or the entity upon behalf of j Notary 1wbNe-CaHtornto which the person(s) acted, executed the instrument. Monterey Counftr t 1 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 ` 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 Docu +t f Title or Type of Docu ent: '}_ 5;L Document Dat 02 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Nam "4m _ Signer's Name: V EI Individual ❑ Individual rl Corporate Officer—Title(s): [.:.1 Corporate Officer—Title(s): Partner— : Limited General _ _ 7 Partner—I I Limited ❑General Attorney in Fact • ?OKttorney in Fact • .Trustee Top Top of thumb here Top of thumb here Guardian or Conservator 71 Guardian or Conservator Cl Other: n Other: Signer Is Representing: �Sigger Is Rep ©2007 National Notary Association-9350 De Soto Ave.,P.0.Box 2402•Chatsworth,CA 91313-2402•www.NationalNolary.org Item 95907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OnQ_ before me, Date J Here insert arae and Me 01 c personally appeared Names)of Snegs) i 1 r � - 'eve 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 DEBRA A. CON instrument the person(s), or the entity upon behalf of commission * 1770185 which the person(s) acted, executed the instrument. s Notary PubIlC-C0111om10 ! Mo-. -y County I certify under PENALTY OF PERJURY under the laws Comm. Oct21 2011 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 41L, , 6a- 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 Docum i Title or Type of Document // f Document Date: _24 r +0z ov, Number of Pages: P Signer(s) Other Than Named Above: Capacity(ies) CI me d by Signer(s) Signer's Name 2 Signer's Name El Individual ❑ Individual ❑ Corporate Officer—Title(s): -Corporate Officer—Title(s): 1. 1 Partner—❑ Limited CI General , Partner—❑ Limited C General _ _ Attorney in Fact • --- �lAttorney in Fact - • Top of thumb here �" Top of thumb here Trustee 7 Trustee _l Guardian or Conservator -1 Guardian or Conservator L] Other: -1 Other: Signer Is Representing: Si er Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 State of Calif r�nia ) County of ,'—An _ .�"-- G ) On before me, Notary Public (here insert name and title of the officer), personally appeared ' -jL l who proved tome on the basis of satisfactory evidence to be the person()whose name is/ar subscribed to the within instrument and acknowledged tome that he/ /tNy executed the same in his/h�QtXir authorized capacity) s),and that by his/Pw,r/thi@ir signature(a).on the instrument the personjs� or the entity upon behalf of which the person(�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 MELIS AKUES ���� ( ) Commission * 1737445 NyNotary Public -California tion Lula Obispo County wcoome"UMN5.2011 (notary)(12-07) State of Cali nia ) County of o L`1 I JAI S ()\PI SD O ) On �W 2;�? - '?DD$ before me, C1 , Notary Public (here insert name and title of the officer), personally appeared 1 BVI who proved to me on the basis of satisfactory evidence to be the person°(Q whose name( is/al`esubscribed to the within instrument and acknowledged to me that he/sNie_/f W executed the same in hisftr/their authorized capacity(i<,and that by his/Pte,10Mir signature`r4 on the instrument the personCs-,,,or the entity upon behalf of which the person(s4 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) MELISSA KUES Commission #F 1737/05 Notary Public -California San Luis Obispo County W Comm.avies May 5.2011 (notary)(12-07) EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2007-15 Project Zoning: C-P, C-1/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: B 6.0766 Gross Acres @ $643.00 /ac. _ $ 3,907.25 Estimated Net Deferred UGM TGM Charge = $ 3,907.25 D. Transmission Grid Main Bond Debt Service Charge For Parcels Under 5 Gross Acres 6.0766 Gross Acres @ $243.00 /ac. _ $ 1,476.61 Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,476.61 E. Frontage Fee 856 Lineal Feet @ $ 6.50 /LF = $ 5,564.00 Estimated Deferred Frontage Fee = $ 5,564.00 F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 28 Living Unit Equivalents @ $60.00 /Unit = $ 1,680.00 Estimated Deferred 1994 Bond Debt Service Fee = $ 1.680.00 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: 23 85,100 Square Feet @ $0.05 / Sq. Ft. = $ 4,255.00 Estimated Net Deferred UGM Oversize Charge = $ 4,255.00 B. Lateral Sewer Charge 85,100 Square Feet @ $0.10 / Sq. Ft. = $-8,510.00 Estimated Net Deferred Lateral Sewer Charge = $ 8,510.00 C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay Net Adj Gross Ac @ $ /NAA = $ 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. CITYWIDE IMPACT FEES A. The following charges are not deferrable under 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:\wp51\deferral\PM2007-15exhibitAr September 29,2008 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS PM 2007-15 Sewer Fees DUE-DEFERRED BY COVENANT Water Water Water TGM Water 1994 Sewer Sewer Parcel Lot Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due A 73912 $3,003.00 $1,375.70 $519.90 $600.00 $4,570.00 $2,285.00 B 136015 $2,561.00 $2,531.56 $956.72 $1,080.00 $3,940.00 $1,970.00 document: \q\print\h 29-Sep-08