HomeMy WebLinkAboutPM 96-09 - Agreement/Covenant - 7/20/2009 CE cif? _ TITLE COMPANY
RETURN TO:
CITY OF FRESNO 96160213
DEVELOP.,%Mff DEPARTMENT MIN, PAST (/
2600 Fre®o Street ITS
FRESNO CA 93IM-3604
DEC 04 199
io
FRESNO COUNTY. CALIFORNIA
WILLIAM C. GREENWOOD. County Recordw
PLEASE CONFORM Donita Ghimenti FEE
BY DEPUTY RECORDER
ABOVE SPACE FOR RECORDER'S USE
APN: 456-030-29 CITY of FRESNO
Project ID: Final Parcel Map No.96-09 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
DEFERRING CERTAIN SEWER CONNECTION CHARGES AND DEVELOPMENT
FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OFOCCUPANCY AND
CREATION OF LIEN
RECITALS
A. WHEREAS, KING OF CENTRAL VALLEY, 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.96-09 (hereafter,
"Project"), require -the payment of applicable sewer connection charges (hereafter, "Fees") in
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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 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 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.
5. 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
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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: I 0- -
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
KING OF CENTRAL VALLEY, a
California General Partnership,
By:
Alvin P. Solis, Director
Development Department By:
William Scarbrough,General Partner
&,t� Y'4,�2
APPROVED AS TO FORM:
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City Atto
NT
(Covenantor: Attach Notary
By, cknowledgements)
Fep
SUBSCRIBING-WITNESS CERTIFICATE ("WITNESS JURAT") No.5908
State of Cq))�7rn(G�
County ofCOb -
On this the 7 day of (7r.VbPr 19 q�l before me, the undersigned
Notary Public, personally appeared )3-eYn If Rea 0 ,
NAME OF SUBSCRIBING WITNESS
CI personally known to me - f
I who is ,
NAME OF PERSON(CREDIBLE WITNESS)WHO IDENTIFIES SUBSCRIBING WITNESS
to be the person whose name is subscribed to
the within instrument as a witness thereto, who,
being by me duly sworn, deposes and says that
h e (he/she) was present and saw
1Ni 111 AM 5cw bro�sR h
NAME OF ABSENT PRINCIPAL IGNER
the same person described in and whose name
is subscribed to the within and annexed
instrument as a party thereto, execute the
same, and that said affiant subscribed
h 15 (his/her) name to the within
instrument as a witness at the request of
Connie c=edo
Comm.#108759r i i I ) R I I 1
NOTARY PLBLIL :;A{ff{�{;U 4,, NAME OF PRINCIPAL SIGNER(AGAIN)
isCONTRACOSTA(;OUNTr 11 PRI
Caron Exp.Fsb.t t 2000
SIGNATURE OF ARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
ABSENT SIGNER (PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 7
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On - 1996 before me, „-) r-5- ()t. R F-r personally appeared
' 9- -_ personally known to me (or proved to me on the basis
of satisfactory e deuce) 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(s), the
person(s) on behalf of the CITY OF FRESNO of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
J
By.
DEP
r
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Parcels A through D, inclusive, of Final Parcel Map No. 96-09 as recorded in Fresno
DEC 0 4 19%County Records in Volume , Pages , on _
199
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
I. WATER CONNECTION CHARGES
WATER PROVIDED BY BAKEMAN WATER COMPANY
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. Oversize Sewer Charge
5.55 Gross Acres @ $ 240 /GA = $ 1,332.00
4.32 Net Acres @ $ 310 /NA = $ 1,339.20
Less Oversize Credit = $ 0.00
Estimated Net Deferred OS Charge = $ 2,671.20
B. Lateral Sewer Charge
813.31 Lineal Feet @ $ 10.00 /LF = $ 8,133.10
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. Major Facilities Sewer Charge
2. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
NON - UGM
document:\wp51\deferra1\pm96-09 September 30, 1996
EXHIBIT"C"- PRORATED FEE OBLIGATIONS
P.M. 96 - 09 Sewer Fees DEFERRED BY COVENANT
Parcel Parcel Sewer Sewer
No. Area Oversize Lateral
A 1.75 $542.50 $1,933.10
B 1.47 $455.70 $3,200.00
C 1.10 $341.00 $2,400.00
D 5.48 $1,332.00 $600.00