HomeMy WebLinkAboutPM 1996-16 - Agreement/Covenant - 8/10/2006 C!ly ri-
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FRESNO CA 33 i 't 04
06/23/1999.19990094.113
PLEASE CONFORM
APN: 568-120-30 CITY of FRESNO
Final Parcel Map No. 96-16 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 OFCERTIFICATE OF
OCCUPANCY AND CREATION OF LIEN
RECITALS
A. WHEREAS, CONSOLIDATED INDUSTRIES, 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 and by this reference made part of
this Statement of Covenants:
Parcels A through E, inclusive, of Final Parcel Map No. 96-16 , in the City of
Fresno, County of Fresno, State of California, accordin to the map thereof
recorded on �199q in Volume . of Parcel Maps at
Pages and , Fresno County Records.
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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 Vesting Tentative Parcel Map No.
96-16 (hereafter, "Project"), require the payment of applicable sevver connection charges,
water connection 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 "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
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 "A" pursuant to the requirements
of said Section 12-4.604 until such time that the Covenantor or successors and assigns
r
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 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 "B", at any time after the
recordation of this instrument. The Fee obligations stated in said Exhibit "B" 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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 advEmce 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 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 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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, 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 7
DATED: June 7, 1999
CITY OF FRESNO, COVENANTOR.
a Municipal Co ration
CONSOLIDATION INDUSTRIES,
INC., a California Corporation
B
Alvin P. Solis, Director By: r"
Development Department William R. Tatham, Sr., President
APPROVED AS TO FORM:
By:
HILDA CANTO MONTOY Michael F. Tatham, Vice President
City Attorney
By:
Deputy (Covenantor: Attach Notary
Acknowledgements)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On June 7, 1999 before me, Suzanne J. Hirata, Rotary Public
Date Name and Title of Officer(t.g.,"Jane Doe,Notary Public")
personally appeared William R. Tatham, Sr. and Michael F. Tatham
Name(s)of Signer(s)
®personally known to me–OR–❑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,
SUZANNE J.HIRATA executed the instrument.
m • NOTAR PWLIC-CALIFORNIA 00 WITNESS my hand and official seal.
PRINCIPAL OFFICE IN ]7
FRESNO COUNTY
moo ' MY CmnMraion Exp.AP(H 17,2001
C
Signature of Public '
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
Document Date: June. 7, 1999 Number of Pages: 10
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: William R. Tatham, Sr. Signer's Name: Michael F. Tatham
❑ Individual ❑ Individual
® Corporate Officer IN Corporate Officer
Title(s): President Title(s): Vice President
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 11194 National Association•SM Remmet Ave.,P.O.Box 7184•Canoga Pari,CA 81308-7164 Prod.No.5907 Reorder.Call Toll-Free 1.600-876.8627
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On June 15 , 1999 before me, Cecilia Lopez
personally appeared Alvin P. Solis
personally known to me (or 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(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
By.
D PU Y
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on February 4, 1998, in the office of the Fresno County Recorder
Document No. 98016061 of which the Deed of Trust in by and between Consolidated
Industries, Inc., as Trustor, American Securities Company, a Corporation, as Trustee, and
Wells Fargo Bank, National Association, as Beneficiary, hereby expressly subordinates
said Deed of Trust and its beneficial interest thereto to the foregoing Statement of
Covenants for Certain Sewer Connection Charges, Water Connection Charges, Urban
Growth Management Fees and Development Fees and Creation of Lien for Final Parcel
Map No. 96-16.
DATED: 6-10 , 19 99 Beneficiary,
Wells Fargo Bank-, National Association
By: x N�'4 I
By:
(Attach Notary.Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
ss.
On June 10, 1999 before me, Juanita L. Cook, Notary Public
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public")
personally appeared Seth Moldoff
Name(s)of Signer(s)
E�personally known to me
❑ 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 hisiher/their authorized
— — — — — ' capacity(ies), and that by his/her/their
JUANITA L COOK signature(s)on the instniment the person(s), or
Commission# 1195807 the entity upon behalf of which the person(s)
Notary Putblic-California j%
San Francisco County acted, executed the instrument.My Comm.BVkl%Sep 6.?m2
WITNES and and official seal.
Place Notary Seal Above Signature of ublic
OPTIONAL
Though the information below is not required by law,it may prove valuable to person.;relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached pocumgpt
Title or Type of Document: Suc oreination to Deed of Trust
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(lies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.59C7 Reorder:Cell Toll-Free 14)00.876-6827
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 10
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed
of Trust recorded on December 31, 1998, in the office of the Fresno County Recorder
Document No. 98190144 of which the Deed of Trust in by and between Consolidated
Industries, Inc., as Trustor, Chicago Title Insurance Company, a Corporation, as Trustee,
and Wells Fargo Bank, National Association, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Statement of Covenants for Certain Sewer Connection Charges, Water Connection
Charges, Urban Growth Management Fees and Development Fees and Creation of Lien
for Final Parcel Map No. 96-16.
DATED: 6-10 , 1999 Beneficiary,
Wells Fargo Bank:, National Assoc'ation
By: \\``4-6
S¢..�nc��c�o�F
By:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Francisco
On 6-10-99 , before me, Juanita L. Cook, Notary Public
Date Name and Title of Officer(e.g.,'June Doe,Notary Public")
personally appeared Seth Moldoff
Name(s)of Signers)
personally known to me
❑ 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 hislher/their authorized
MAMA LCOOK capacity(ies), and that by his/her/their
Commission#11958D7 signature(s)on the instrument the person(s), or
Notary IkOlc-Colikimb the entity upon behalf of which the person(s)
San Francisco Com acted, executed the instrument.
My Comm.Bpkm Sep 6,2 O2
WITNES nd and official seal.
Place Notary Seal Above SignaturieW Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person:,relying on the document
and could prevent fraudulent removal and reattachment of this form to ano!her document.
Description of Attached Document
Title or Type of Document: Subordination to Deed of Trust
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual e -
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Cell Tall-Free 14300-876.6827
EXHIBIT "A"
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 @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
_-_inch Meters @ $_!Meter = $ N/A
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area:—A
7.8378 Gross Acres @ $ 560/GA = $-4 389.17
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 4,389.17
D. Transmission Grid Main Bond Debt Service Charge
Estimated Net Deferred TGM Bond Debt Service Charge = $ N/A
E. Frontage Fee
1,727.07 Lineal Feet @ $ 6.50/LF = $ 11,225.96
Estimated Deferred Frontage Fee = $ 11,225.96
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
29 Units @ $895.00/Unit = $ 25,955.00_
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
r
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. Fire Hydrant Charge
4. UGM Water Supply Fee
5. Wellhead Treatment Fee
6. Recharge Fee
•II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 43
166,400 Sq. ft. @ $ 0.05/Sq. ft. _ $.8,320.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 8,320.00
B. Lateral Sewer Charge
166,400 Sq. ft. @ $ 0.10 /Sq. ft = $ 16,640.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ /NAA = $ N/A
Units @ $ /Unit = $ N/A
E. Herndon Sewer Capacity Enhancement Charge
8.8 units @ $ 1,369.00 unit = $ 12,047.20
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 21
7.8378 Gross Acres @ $ 2,460.00 GA = $ 19,280.99
B. UGM Neighborhood Park Fee
Service Area: 7
7.8378 Gross Acres @ $ 1,268.00/GA = $ 9,938.33
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
4.9963 Net Adj Acres @ $ 2,500.00/NAA = $ 12,490.75
E. UGM Major Street Bridge Charge
Service Area: F
4.9963 Net Adj Acres @ $ 50.00/NAA = $ 249.82
F. UGM Traffic Signal Charge
4.9963 Net Adjusted Acres @ $ 860 /NAA = $ 4,296.82
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $ NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area:
Net Adjusted Acres @ $ /NAA = $ N/A
I. The following charges are not deferrable under the terms of this
covenant:
1. UGM Major Street rights of way acquisition ;ind 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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