HomeMy WebLinkAboutPM 1996-07 - Agreement/Covenant - 8/10/2006 (2) 07105808 %7&@15 ORM
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CITY OF FRESNO
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2606 F:eme st..d, AUG 2 0 1997
FRRSNO CA f3721-3604
FRESNO COUNTY, CALIFORNIA
WILLIAM C. GREENWOOD, County Reca"{er
Donita Ghimenti FEE
APN: 403-060-11 CITY of FRESNO
Project ID: Final Parcel Map No. 96-07 Development Department
Building & Safety Services Division
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
RECITALS
A. WHEREAS, BURGESS/SMITH DEVELOPMENT GROUP, a California General
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 in Exhibit "A," which is incorporated
herein by this reference; and
B. 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
C. WHEREAS, the conditions of approval of Tentative Parcel Map No. 96-07 (hereafter,
"Project"), require the payment of applicable sewer connection charges, water connection
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
charges, Urban Growth Management fees 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
D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to
defer certain Fee obligations, more particularly identified in the attached Exhibit "B," 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
E. 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 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 "B" 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.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
COVENANTS. CONDITIONS. AND RESTRICTIONS
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
Property in the manner established by the 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 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 "C," at any time after the recordation of
this instrument. The Fee obligations stated in said Exhibit "C" shall be maintained by the
Development Director 9nd 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 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
fee credits applied in Exhibit "B" 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.
S. Additional new fee obligations not listed on Exhibit "B," 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 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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 the processing of this covenant, the
parties agree that the prevailing party shall be paid reasonable attorney's fees.
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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.
DATED:
CITY OF FRESNO, COVENANTOR
a Municipal Corpo tion
BURGESS/SMITH DEVELOPMENT
GROUP, a California General
By: Partnership
Alvin P. Solis, Director
Development Department
' 1
By: 444 iz
Marvin L. Smith, General Partner
APPROVED AS TO FORM:
HILDA CANTfJ MONTOY By:
City Attorney Donald L. Burgess, ener er
B
Deputy
(Attach Notary Acknowledgements)
STATE OF CALIFORNIA,
COUNTY OF Fresno
On July 14, 1997 before me, the undersigned
a Notary Public in and for said County and State, personally
appeared Marvin L. Smith and Donald L. Burgess
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 SUZANNE C. FORD
signature(s) on the instrument the person(s), or cc a COMM.11005937 00
m T & NOTARY PUBLIC-CALIFORNIA a)
the entity upon behalf of which the person(s) PRINCIPAL OFFICE IN
FRESNO COUNTY r
acted, executed the instrument. '--� My Commission Erp.Oa e,1997
Zig7natur
N SA
hand and official s I
e
\1 I----I I) I
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
Govt. Code, Sec. 27261.7)
Signature (Firm Name If Any)
This form is furnished by Chicago Title Company
TE 160 Fresno(11-95)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On August 18Th , 1997, before me, Jocelyne Gueret, personally appeared
Alvin P Solis, Development Department Director, known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) 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 the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLISCH
CITY CLERK
BYE
UTY
EXIMIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Parcels A through J, inc or, of Final P 1 Malp No. 96-07, according to the map
thereof recorded in Book ,Pages _ , Fresno County Records.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: C-1/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_ inch Services a $ /Service = $ N/A
B. Meters (flat rate cost basis only)
_ inch Meters @ $ /Meter = $ N/A
C. UGM Transmission Grid Main (TGA) Charge
UGM Reimbursement Area:-.
11.0795 Gross Acres @ $ 560 /GA = $ 6,204.52
Less TGM Credit = $ -0-
Estimated Net Deferred TGM Charge = $ 6.204.52
D. Frontage Fee
532.82 Lineal Feet @ $ 6.50 /LF = $ 3.463.33
600.05 Lineal Feet a $ 6.50 /LF = $ 3,900.33
Estimated Deferred Frontage Fee = $ 7,363.66
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. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
7. Bond Debt Service Fee
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 3
11.0795 Gross Acres @ $ 240 /GA = $ 2.659.08
Less Oversize Credit A.D.#98 = $ 2.659.08
Estimated Net Deferred UGM OS Charge = $Pd.w/AD#98 Cr.
B. Lateral Sewer Charge
675.05 Lineal Feet @ $ 10.00 /LF = $ 6,750.50
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 n9l deferrable under the terms
of this covenant:
1. Trunk Sewer Charge
2. Major Facilities Sewer Charge
3. Wastewater Facilities Sewer Charge
M. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area:
11.0795 Gross Acres $ 74 /GA = $ 8.220.99
B. UGM Neighborhood Park Fee
Service Area: 7
11.0795 Gross Acres @ $1,268.00 /GA = $_
14.048.81
C. UGM gunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres Cgs $-/GA = $ N/A
D. UGM Major Street Charge
Service Area:,E-L
9.4125 Net Adj Acres @ $ 1.680.00/NAA =
$Pd.w/AD#138 Cr.
E. UGM Major Street Bridge Charge
Service Area:. -I
9.4125 Net Adj Acres @ $ 175.00 /NAA = $_
1,647.19
F. UGM Traffic Signal Charge
9.4125 Net Adjusted Acres $ 860 /NAA = $Pd.w/AD#138
QL
G. UGM Grade Separation Charge
Service Area: E-4-A
Net Adjusted Acres @ $350.00/NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: A-D
9.4125 Net Adjusted Acres 0 $236.00/NAA = $ 2.221.35
Service Area: E-1-A
9.4125 Net Adjusted Acres 0 $168.00/NAA = $ 1,581.30
I. The following charges are mgt deferrable under the terms of this covenant:
1. UGM Major Street rights of way acquisition and construction
2. UGM Local Street rights of way acquisition and construction
3. UGM Major Street Bridge rights of way acquisition and construction
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