HomeMy WebLinkAboutPM 2009-07 - Agreement/Covenant - 5/31/2011 WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
05/26/2011,20110070947
NO FEE - Government Code 6103
Z CITY of FRESNO
GPlanning 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. 2009-07
Statement of Covenants
Fee Deferral
Parcel Map No. 2009-07
Page 2
RECITALS
WHEREAS, NMSBPCSLDHB, a California Limited Partnership, 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. 2009-07 according to the
map thereof recorded in Book 71) of Parcel Maps at Page(s)$fQ_U7
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. 2009-07(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 Covenantorthe option to defercertain
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 bythe State
of California and as amended by the City of Fresno, including any subsequent extension and
Statement of Covenants
Fee Deferral
Parcel Map No. 2009-07
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 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 mannerto each lot, parcel, unitor 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. 2009-07
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. 2009-07
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 expenses.
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 anyone provision or portion thereof shall not affect
the validity or enforceability of anyone 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
Parcel Map No. 2009-07
Page 6
DATED: 2, ZD//
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
NMSBPCSLDHB,
Planning and Development Department a California Limited Partnership
Vii"teneral Partner, Robert M. Granum, II,
As Trustee of the Granum Family ust
By: By:
MARK SCOTT, t»irccm Orrec-,t Robert . Granu r P r#t�er-
Trustee
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
-
S nnon Chaffin
Deputy City Attorney
Date:
(Attach Notary Acknowledgments)
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
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COUNTY OF ss.
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ON ► 'Vey- JOHN BEFORE ME, I��1{N l;• SORCI NOTARY PUBLIC
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Date Name
PERSONALLY APPEARED Rd 13m—fzr M. GP_'?tt/y M -t:r-
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE
TO BE THE PERSON (�4 WHOSE NAME (,3) IS/ARr- SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SFIEffHEEY EXECUTED THE SAME IN HIS/HF-�EIR
AUTHORIZED CAPACITY (IES AND THAT BY HIS/HERHEIR
JOHN i SORCI SIGNATURE (fit) ON THE INSTRUMENT THE PERSON (,f, OR THE
Commission#1691645 ENTITY UPON BEHALF OF WHICH THE PERSON (S�) ACTED,
NotaryPubUo--Cafifomia EXECUTED THE INSTRUMENT.
-a Santa Clara County
MyComm.ExPkes
Oct 1,201 1 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.
W_U "'_
Signature of Notary
OPTIONAL FORMATION
The information below is not required by law, but it may prove to be important to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to some other document.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF
DOCUMENT: 2
99,
DOCUMENT DATE: NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE:
CAPACITY (IES) CLAIMED BY SIGNER (S)
S�IIGNER's NAME: SIGNER'S NAME:
/�--INDIVIDUAL _INDIVIDUAL
_CORPORATE OFFICER _CORPORATE OFFICER
TITLE(S): TITLE(S):
_PARTNER PARTNER
LIMITED _GENERAL —LIMITED GENERAL
ATTORNEY-iN-FACT _ATTORNEY-IN-FACT
TRUSTEE TRUSTEE
GUARDIAN OR CONSERVATOR GUARDIAN OR CONSERVATOR
OTHER: OTHER:
SIGNER IS REPRESENTING: SIGNER IS REPRESENTING:
RIGHT THUMBPRINT RIGHT THUMBPRINT
OF SIGNER OF SIGNER
A-24 HOUR NOTARY SERVICE-2709 EI Camino Av Sacramento,CA 95821 -Rev 12-01-2007-FOR REORDERS:CALL TOLL-FREE 800-536-7233
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On May 13, 2011 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared,
Mark Scott, Interim Director, Planning & Development 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 enl:ity 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
By aWl� 9
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 8, 2005, as Document No. 2005-0179032, in the office of the Fresno
County Recorder, of which -the Deed of Trust in, by and between: NMSBPCSLDHB, A California
Limited Partnership, as Trustor, FIRST AMERICAN TITLE, as Trustee, and INTERVEST-
MORTGAGE INVESTMENT COMPANY, a Washington corporation, as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
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.
2009-07.
DATED: Y fni20Ia
BENEFICIARY
INTERVEST-Mortgage Investment Company,
a Washington Corporation
By:
L , President
Lcv-D A. 1aMey
N - Secretary
Ned M. Bo_r,1e5
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
State of Oregon )
)ss.
County of Clackamas )
I certify that I know or have satisfactory evidence that LARRY A. CONLEY is the person
who appeared before me, and said person acknowledged that he was authorized to sign this
instrument as President of Intervest-Mortgage Investment Company,and acknowledged it to be the
free and voluntary act of such entity, for the uses and purposes mentioned in the instrument.
DATED: May_ 2010.
Print Name: BYIu?( L L U ND
Notary Public in and for the State of Oregon
o. OFFICIAL SEAL Residing at W!L.S UN V t LLQ
BRENDA L LUND
NOTARY PUBLIC-OREGON My appointment expires: { t 3 �+
' COMMISSION NO.416901
MY COMMISSION EXPIRES JUNE 13,2011
State of Washington )
)ss.
County of Spokane )
I certify that I know or have satisfactory evidence that NED M. BARNES is the person who
appeared before me, and said person acknowledged that he was authorized to sign this instrument
as Secretary of Intervest-Mortgage Investment Company and acknowledged it to be the free and
voluntary act of such entity, for the uses and purposes mentioned in the instrument.
DATED: May 5, 2010
p,MITCHF� Susan A. Mitchell
c, ,ss"gyp°�xarfQ°� Notary Public in and for the State of Washington
�: o ovjkRy Residing at: Nine Mile Falls
N w o My appointment expires: February 15, 2011
N G o
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EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-M/cz
I. WATER CONNECTION CHARGES
Served by Pinedale County Water District.
Il. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES
Served by Pinedale Public Utility District.
III. CITYWIDE IMPACT FEES
A. Traffic Signal Charge
Parcel A
123 Average Daily Trips @ $ 47.12 /ADT = $ 5,795.76
Parcel B
301 Average Daily Trips @ $ 47.12 /ADT = $ 14,183.12
Parcel C
484 Average Daily Trips @ $ 47.12 /ADT = $ 22,806.08
Parcel D
409 Average Daily Trips @ $ 47.12 /ADT = $ 19,272.08
Parcel E *
0 * Average Daily Trips @ $ 47.12 /ADT = $ .0.00
Parcel F
1,322 Average Daily Trips @ $ 47.12 /ADT = $ 62,292.64
TOTAL $124,349.68'
Estimated Deferred Traffic Signal Charge = $124,349.68
C-06-169, Based location of parking lot on Parcel E
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:\wp51\deferraRPM2002-09rexhibitAr March 11,2010
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
PM 2009-07 Fees DUE-DEFERRED BY COVENANT
Traffic
Parcel Lot Signal
No. Area Amount
Due
A 55620 $5,795.76
B 125573 $14,183.12
C 156639 $22,806.08
D 193466 $19,272.08
E 121737 $0.00
F 296220 $62,292.64
document:\q\print\h 11-Mar-10