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Home My WebLink AboutPM 2009-02 - Agreement/Covenant - 3/25/2011 (2) WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - Government Code 6103 03/24/2011120110041097 CITY of FRESNO Development & Resource Management Department O LL Z O U W dN J o. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES, CITY-WIDE FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN FOR PARCEL MAP NO. 2009-02 Statement of Covenants Fee Deferral Parcel Map No. 2009-02 Page 2 RECITALS WHEREAS, LENNAR FRESNO 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: Parcels A through I, inclusive, of Parcel Map No. 2009-02 according to the map thereof recorded in Book 20 Parcel Maps at Page(s)Q& try , 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.2009-02(hereafter, "Project"), require the payment of applicable sewer connection charges,water connection charges, Urban Growth Management fees, City-wide 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("City'), including any subsequent extension and Statement of Covenants Fee Deferral Parcel Map No. 2009-02 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. 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 Development & Resource Management 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 Development & Resource Management 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 Development& Resource Management 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 Statement of Covenants Fee Deferral Parcel Map No. 2009-02 Page 4 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 of Covenant. 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 newfee(s)is/are duly established bythe City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Development& Resource Management 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 Statement of Covenant violate Government Code Section 65961. 9. Each of the covenants, conditions, and restrictions contained in this Statement of Covenant Statement of Covenants Fee Deferral Parcel Map No. 2009-02 Page 5 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 of Covenant. 10. The conditions of this Statement of Covenant are intended to benefit the public and public properties. Accordingly, the City shall have the right to enforce this Statement of Covenant by any legal or equitable means. All obligations of the Covenantor in this Statement of Covenant shall inure solely to the benefit of the City. There are no third party beneficiaries of said obligations nor shall the right of the City 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 of Covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 12.The conditions and obligations of this Statement of Covenant, 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 of Covenant 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 of Covenant 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 of Covenant so requires, in interpreting this Statement of Covenant,any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Fee Deferral Parcel Map No. 2009-02 Page 6 DATED: QECEM8CR 17�ZdID CITY OF FRESNO, a Municipal Corporation COVENANTOR Development & Resource Management LENNAR FRESNO INC., Department A California Corporation John M. Dugan, AICP, Director Les eterson, Vice President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney 7 By: �,f Sh-6nnon Chaffin Deputy,City Attorney .i Date: (Attach Notary Acknowledgments) STATE OF all; ry1 tem )SS COUNTY OF ff:s ►0 ) On bWLA 26(Q , before me, P�13cr1nCtr , Notary Public, personally appeared 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. P. E. BENNETT @,My COMM. #1816983 CD NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY Signature Comm.Expires October 11,2012 My Commission Expires: CCS-I(—( This area for official notarlalseal Mail Tax Statements To: SAME AS ABOVE CLERK'S CERTIFI CA TION State of California ) County of Fresno ) On December 17, 2010 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, John M. Dugan, Director, Development & Resource Management Department, 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno OF Fq fs By ��'wwww lll/// Z Deputy o EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS FOR PARCEL MAP 2009-02 Project Zoning: R-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) 9 - 1.0 inch Meters @ $ 330.00 /Meter = $ 2,970.00 0 - 1.5 inch Meters @ $ 455.00 /Meter = $ 0.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: E 2.0147 Net Acres @ $804.00 /ac. _ $ 1,619.82 Estimated Net Deferred UGM TGM Charge = $ 1,619.82 D. Transmission Grid Main Bond Debt Service Charge 2.0147 Net Acres @ $304.00 /ac. _ $ 612.47 Estimated Net Deferred TGM Bond Debt Service Charge = $ 612.47 E. Frontage Fee 137 Lineal Feet @ $ 6.50 /LF = $ 890.50 Estimated Net Deferred Frontage Fee = $ 890.50 F. 1994 Bond Debt Service Fee 301 1994 Bond Debt Service Area. 9 Living Units @ $ 60.00/ Unit = $ 540.00 Estimated Net Deferred 1994 Bond Debt Service Fee = $ 540.00 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: 22 18,500 Square Feet @ $0.05 / Sq. Ft. _ $ 925.00 Estimated Net Deferred UGM Oversize Sewer Charge = $ 925.00 B. Lateral Sewer Charge 18,500 Square Feet @ $0.10 /Sq. Ft. _ $ 1,850.00 Estimated Net Deferred Lateral Sewer Charge = $ 1.850.00 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. CITYWIDE IMPACT FEES A. Traffic Signal Charge 9 Living Units @ $ 450.94/ Unit = $ 4,058.46 Estimated Net Deferred Traffic Signal Charge = $ 4.058.46 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) document:1wp511deferraRpm 2009-02exhibitA June 2,2010 EXHIBIT "B" -- PRORATED FEE OBLIGATIONS PM 2009-02 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Water TGM Water 1994 Sewer Sewer Traffic Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize Signal No. Area Amount Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due Due A 12471 $330.00 $142.32 $258.89 $78.25 $60.00 $295.66 $147.83 $450.94 B 10690 $330.00 $121.99 $221.90 $67.07 $60.00 $253.44 $126.72 $450.94 C 13060 $330.00 $149.04 $271.11 $81.94 $60.00 $309.63 $154.81 $450.94 D 6805 $330.00 $77.66 $141.26 $42.70 $60.00 $161.33 $80.67 $450.94 E 6227 $330.00 $71.06 $129.28 $39.07 $60.00 $147.63 $73.81 $450.94 F 7117 $330.00 $81.22 $147.78 $44.66 $60.00 $168.73 $84.36 $450.94 G 6948 $330.00 $79.29 $144.24 $43.59 $60.00 $164.72 $82.36 $450.94 H 7068 $330.00 $80.66 $146.73 $44.35 $60.00 $167.57 $83.78 $450.94 1 7647 $330.00 L $87.27 $158.71 $47.97 $60.00 $181.29 $90.65 $450.94 document:\q\print\h 02-Jun-10