HomeMy WebLinkAboutPM 2008-02 - Agreement/Covenant - 7/7/2009 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
01��6a'�009,Z0090m90681
CITY of FRESNO
Q Planning and Development Department
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U P.W. File No. 5494-2008-02
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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. 2008-02
Statement of Covenants
Fee Deferral
PM 2008-02
Page 2
RECITALS
WHEREAS, COPPER & MAPLE ASSOCIATES, LLC, a Delaware 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 through E, inclusive, of Parcel Map No. 2008-02 according to the
map thereof recorded in Book 69 of Parcel Maps at Page(s) t97
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. 2008-02
(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
Statement of Covenants
Fee Deferral
PM 2008-02
Page 3
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 adiusted to reflect the Fee rates in effect at the time oavment
is made,and may be adjusted to account for any subsequently approved reconfiguration to the size
Statement of Covenants
Fee Deferral
PM 2008-02
Page 4
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 2008-02
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 2008-02
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 2008-02
Page 7
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
COPPER & MAPLE ASSOCIATES, LLC,
Planning and Development Department a Delaware Limited Liability Company
By: By: 1 , C-r?J
Keith Bergthold, Interim Director Robert Wilson, Truste
Wilson Family 2004 Trust,
Managing Member
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: aL 4► j
0 John W. Fox
Deputy City Attorney
Date: S /oZ�I / 2e7e)!
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On June 29, 2009, 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.
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.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
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By
Deputy �ti•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ,,(� ,,
County of � S
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Names)of Signer(s)
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who proved to me on the basis of satisfactory evidence to
be the persons}whose name(s) is/aF&subscribed to the
within instrument and acknowledged to me that
MARIA CARMEN ORTEGA he/she/threy executed the same in his/heMi7dr authorized
CARIA sion# 1657434 capacity(Os), and that by his/he#+o_ir signature(G) on the
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I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and and icial seal.
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Place Notary Seal Above Signature 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
Title or Type of Document: ` \
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❑ Partner—[I Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact - • ❑ Attorney in Fact •
El Trustee El Trustee Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
S' ner Is Representiw. Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.Nationa]Notaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2008-02
Project Zoning: C-2/UGM/cz
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_-_ inch Services @ $_/Service = $ N/A
B. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
8.8789 Gross Acres @ $643.00 /ac. _ $ 5,709.13
Less amount paid at Building Permit = $ 2,613.00
Estimated Net Deferred UGM TGM Charge = $ 3,096.13
C. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
8.8789 Gross Acres @ $243.00 /ac. _ $ 2,157.57
Less amount paid at Building Permit = $ 988.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,169.57
D. Frontage Fee
1,402 Lineal Feet @ $ 6.50 /LF = $ 9,113.00
Less amount paid at Building Permit = $ 6,246.50
Estimated Deferred Frontage Fee = $ 2,866.50
E. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
44 Living Unit Equivalents @ $895.00 /Unit = $ 39,380.00
Less amount paid at Building Permit = $ 16,868.96
Estimated Deferred 1994 Bond Debt Service Fee = $ 22,511.04
F. 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: 43
147,400 Square Feet @ $0.05 / Sq. Ft. _ $ 7,370.00
Less amount paid at Building Permit = $ 4,555.00
Estimated Net Deferred UGM Oversize Charge = $ 2,815.00
B. Lateral Sewer Charge
131,600 Square Feet @ $0.10 / Sq. Ft. _ $ 13,160.00
Less amount paid at Building Permit = $ 9,110.00
Estimated Net Deferred Lateral Sewer Charge = $ 4,050.00
C. Housebranch Sewer Charge = $ N/A
D. Copper Avenue Sewer Lift Station Benefit Service Area Charge
44 Living Unit Equivalents @ $650.00 /Unit = $ 28,600.00
Less amount paid at Building Permit = $ 12,251.20
Estimated Deferred 1994 Bond Debt Service Fee = $ 16,348.80
E. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ /NAA = $ 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
III. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
2,774 Average Daily Trips @ $ 47.12 / ADT = $130,710.88
Estimated Deferred Traffic Signal Charge = $130,710.88
B. 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)
IV. COPPER RIVER RANCH IMPACT FEES
A. Associated Major Roadway Infrastructure Facility Fee
7.5900 Net Adj Acres @ $ 7,293.30 /NAA = $ 55,536.15
Less amount paid at Building Permit = $ 23,703.22
Estimated Net Deferred Major Roadway Facility Fee = $ 31,652.93
B. Interior Collector Roadway Facility Fee
7.5900 Net Adj Acres @ $ 29,786.01 /NAA = $226,075.82
Less amount paid at Building Permit = $ 96,804.53
Estimated Net Deferred Interior Collector Roadway Facility Fee = $129,271.29
C. Sewer Backbone System Facility Fee
44 Living Unit Equivalents @ $ 613.67 /Unit = $ 27,001.48
Less amount paid at Building Permit = $ 11,566.45
Estimated Deferred Sewer Backbone Facility Fee = $ 15,435.03
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