HomeMy WebLinkAboutPM 2008-22 - Agreement/Covenant - 3/30/2010 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
03/30/2010,20100040779
NO FEE - Government Code 6103
CITY of FRESNO
cc Planning and Development Department
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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. 2008-22
Statement of Covenants
Fee Deferral
Parcel Map No. 2008-22
Page 2
RECITALS
WHEREAS, SHAKTI DEVELOPMENT 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 through H, inclusive, of Parcel Map No. 2008-22 according to the
map thereof recorded in Book_1?0 of Parcel Maps at Page(s) 37-x',
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. 2008-22 (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 State
of California and as amended by the City of Fresno, including any subsequent extension and
Statement of Covenants
Fee Deferral
Parcel Map No. 2008-22
Page 3
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.
ollows: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
deferred Fees in advance of the request for issuance of a Certificate of Occupancy, the full amount
Statement of Covenants
Fee Deferral
Parcel Map No. 2008-22
Page 4
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.
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,
Statement of Covenants
Fee Deferral
Parcel Map No. 2008-22
Page 5
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.
r
Statement of Covenants
Fee Deferral
Parcel Map No. 2008-22
Page 6
DATED: '2010
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
SHAKTI DEVELOPMENT LLC,
Planning and Development Department a California Limited Liability Company
John M. Dugan, AICP, Director
By: V4 By:
Jerry q ishop, Assis nt Director Narendra Dahya, Managing ember
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
n Chaffin
De ty ity Attorney
Date: 3r `-r 19
(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
State of California
County of SAN MATEO )
On FEB. 4TH, 2010 before me, SUSHIL KALRA, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared - NARENDRA DAHYA--
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(%) is/ar,4
subscribed to the within instrument and acknowledged to me that he/sye/tVy executed the same in
his/Vr/toir authorized capacity(A), and that by his/h/r/t it signatureV) on the instrument the
person( ), 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. LnSUSKALRA
� � �.� COMML. �842104 c
L1 NOTARY PUBLIC • CALIFORNIA CCA
SAN MATEO COUNTY
My Commission expires June 17,2012
.t-K - � k`' .r Seal
Signature (Seal)
S i AT e ,-tee vet IF CC) pV BORN TS
CITY'S CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF FRESNO )
On �f�a c��- �, �.[: I , before me, CL7LCz ,'3 Deputy
City Clerk personally appeared, proved to me on
the basis of satisfactory evidence, to be the persons(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(s)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 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
K:\Maps\Current Land Division Masters\PARCEL MAP FORMS\Map Docs\Form Covenant fee deferral rev08-09-15.wpd
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 14, 2007, as Document No.2007-0171672, in the office of the Fresno
County Recorder, of which the Deed of Trust in, by and between:
Shakti Development, LLC, a California limited liability company, as Trustor, Financial Title
Company of Fresno County Inc., a California corporation, as Trustee, and Gyda Land Company,
Inc., a California corporation, 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. 2008-22.
DATED: g kdvzo
BENEFICIARY
By:
By:
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
ACKNOWLEDGMENT
State of California
County of F• )
On ?l/Z—ZOIo before me, "� AA4e
�Aj��
(insert name and title of the officer)
personally appeared 4/�1�Y A.A,��
who proved to me on the basis of satisfactory evidence to be the person*) whose name.( ism
subscribed to the within instrument and acknowledged to me that he/*4e#AMexecuted the same in
his/IaR 1 - authorized capacityO, and that by hist signature* on the instrument the
person(s), 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. 11111.C
111 E. MATSUOKA
N COMM.# 1687913 '^
NOTARY PU8LIc•cALIFORNIA N
FRESNO COUNTY
MY COMM.ESP.SEPT.14,20101
Signaturz- L . _ (Seal)
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2008-22
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:
13.3344 Gross Acres @ $643.00/ac. _ $ 8,574.02
Estimated Net Deferred UGM TGM Charge = $ 8,574.02
C. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
13.3344 Gross Acres @ $243.00/ac. _ $ 3,240.26
Estimated Net Deferred TGM Bond Debt Service Charge = $ 3,240.26
D. Frontage Fee
1,802 Lineal Feet @ $ 6.50 /LF = $ 11,713.00
Estimated Deferred Frontage Fee = $ 11,713.00
E. 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:
190,192 Square Feet @ $0.05 / Sq. Ft. _ $ 9,509.60
Estimated Net Deferred UGM Oversize Charge = $ 9,509.60
B. Lateral Sewer Charge
190,192 Square Feet @ $0.10 / Sq. Ft. _ $ 19,019.20
Estimated Net Deferred Lateral Sewer Charge = $ 19,019.20
C. Housebranch Sewer Charge = $ N/A
D. Copper Avenue Sewer Lift Station Benefit Service Area Charge
66 Living Unit Equivalents @ $650.00/Unit = $ 42,900.00
Estimated Deferred Copper Lift Station Service Fee = $ 42,900.00
E. The following sewer connection charges are not deferrable under the terms
of this covenant:
1. Trunk Sewer Charge *
2. Wastewater Facilities Sewer Charge "
" Upon occupancy of the project, the subdivider shall pay the appropriate
sewer facility charge pursuant to the Simple Tiered Equity Program (STEP)
as determined by the Department of Public Utilities, Wastewater Division,
Environmental Services Section (559-621-5153)
III. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
To be exacted at building permit Average Daily Trips @ $ 47.12 /ADT
Estimated Deferred Traffic Signal Charge = $Paid w/ each building
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
11.3500 Net Adj Acres @ $ 7,293.30 /NAA = $ 82,778.96
Estimated Net Deferred Major Roadway Facility Fee = $ 82,778.96
B. Interior Collector Roadway Facility Fee
11.3500 Net Adj Acres @ $ 29,786.01 /NAA = $338,071.21
Estimated Net Deferred Interior Collector Roadway Facility Fee = $338,071.21
C. Sewer Backbone System Facility Fee
66 Living Unit Equivalents @ $ 613.67 /Unit = $ 40,502.22
Estimated Deferred Sewer Backbone Facility Fee = $ 40,502.22
document:\wp51\deferral\PM2008-02exhibitAr November 4,2009
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