HomeMy WebLinkAboutT-4116 - Agreement/Covenant - 6/27/2006 MY OF FRESNO
DEVELOPMENT DEPARTMENT
2600 FRESNO STREET
FRESNO CA 93721-3604 12/30/1999,19990188264
PLEASE
CONFORM
ABOVE SPACE;FOR RECORD,ER'S.USE ONLY
APN: 403-060-53 CITY of FRESNO
Project ID: Final Tract Map 4116 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
Pto',�� S030-�► ►JA-TJot.3
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, TIS PROPERTY ACQUISITION CORPORATION, A MARYLAND
CORPORATION , hereinafter referred to as the "Covenantor," is the owner of that certain real
property in the City of Fresno, County of Fresno, Stag 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:
Lot 1 inclusive, of Final Tract Map No. 4116 , in the City of Fresno, County
of Fresno, State of C li ornia, according to the map t ereof recorded on
.. ,
199in Volume , of Plats 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 instrument
and all such instruments of Subordination, if any, are attached hereto and made a part of this
Statement of Covenants.
Deferring Fees and
Creation of Lien
Page 2
instrument; and
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4116 (hereafter,
"Project"), require the payment of applicable sewer 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 requests the issuance of a Certificate of
Occupancy.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
Statement of Covenants.
1
Deferring Fees and
Creation of Lien
Page 3
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 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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) Ware 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
Statement of Covenants-
Deferring Fees and
Creation of Lien
Page 5
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 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
Statement of Covenants-
Deferring Fees and
Creation of Lien
Page 6
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.
DATED: CJ "cl
CITY OF FRESNO, CO`✓ENANTvR
a Municipal Corpor 'on
TIS PROPERTY ACQUISITION
CORPORATION, A MARYLAND
By: CORPORATION
Alvin P. Solis, Director
Development Department
By:
l.°ZaAiNE 0. Presiden
APPROVED AS TO FORM:
By:
HILDA CANTU ONTOY Secretary
City Attorn Sok►�3 E . CFFSTE Lw
By: (Covenantor: Attach Notary
Deputy Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r >>
State of
County of 4/IC
On before me,
Date � Name adrTitle of�cer e.g.,"Jan ce,Notary Pu ) �
personally appeared �' A�.(!E P--/w a4 . 4i. A
Name(s)of Signer(s)
91p,ersonally 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,
executed the instrument.
KATHRYNE M.STARRITT WITNESS my hand and official seal.
Commission# 1153538
Z L-w Notary Public-Califomia
Sar,Francisco County
My Com-n.Expires A;.1929,20D 111
°t#14r` Sign ure of Notary 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 ,
I Title or Type of Document:
Document Date: bZ,��Zee Number of Pages:
i
Signer(s) Other Than Named Above:
,i
Capacity(ies) Claimed by Signer(s)
-<��D.
Signer's Name: �99 Signer's Name:
❑ Individual ❑ Individual �
CP Corporate q;Icer VCorporate Officer
Title(s): f-,P�-S'-,At1t1�> Title(s): 4 �
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ neral
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee _
El Guardian or Conservator El Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
1
Signer Is Representing: Signer Is Representing:
61. Rei_ �v
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 Prod.No.5907 Reorder:Call Toll-Free 1-800-676-6627
Statement of Covenants-
Deferring Fees and
Creation of Lien
Page 7
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On :�t.trnk_14, o before me, Jocelyne Gueret personally appeared, Alvin
P. Solis, Development Department Director, 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 the City of Fresno which the person(s) acted,
executed the instrument.
WITNESS my hand and official city seal.
REBECCA E. KLISCH
CITY CLERK
By
D PUTI(j
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on March 24, 1997,in the office of the Fresno County Recorder Document No.9703 8193 of which
the Deed of Trust in by and between TIS PROPERTY ACQUISITION COMPANY as Trustor,
STEWART TITLE GUARANTY COMPANY , as Trustee, and PFL LIFE INSURANCE
COMPANY, AN IOWA CORPORATION, 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 Tract 4116 .
DATED: Z ' 19-99
:
By
:.
THomp,s L. NoR�sT�om
By:
(Attach Notary Acknowledgment)
ACKNOWLEDGEMENT
STATE OF IOWA )
County of Linn )
On February 12, 1999, before me, Jody K. O. Philipp, personally appeared Thomas
L. Nordstrom, personally known to me to be the person whose name is subscribed
to within the foregoing instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the
entity upon behalf of which he acted, executed the instrument.
WITNESS my hand and official seal.
0 - -
Signature 0 . (Seal)
Co✓n cU 51i vYj e X(l r'rS
EXHIBIT "A"
1
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-2/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
9.400 Gross Acres @ $ 560 /GA = $ 5,264.00
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 5,264.00
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
9.3700 Gross Acres @ $243.00 /ac. _ $ 2,276.91
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,276.91
E. Frontage Fee
537.58 Lineal Feet @ $ 6.50 /LF = $ 3,494.27
Estimated Deferred Frontage Fee = $ 3.494.27
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
126 Units @ $895.00/ Unit = $112,770.00
G. The folloiTing 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: 3
9.3700 Gross Acres @ $ 240 /GA = $ 2,248.80
Less Oversize Credit( A.D.98 Credits) = $ 2,248.80
Estimated Net Deferred UGM Oversize Charge = $ Paid w/ AD# 98
B. Lateral Sewer Charge
Lineal Feet @ $ 10.00 /LF = $ N/A
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. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 13
9.3700 Gross Acres @ $307.00 /GA = $ 2,876.59
B. UGM Neighborhood Park Fee
Service Area: 1
9.3700 Gross Acres @ $2,205.00 /GA = $ 20,660.85
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ NIA
D. UGM Major Street Charge
Service Area: E-1
9.3700 Net Adj Acres @ $1,680.00 /NAA = $ 15,741.60
E. UGM Major Street Bridge Charge
Service Area: E-1
9.3700 Net Adj Acres @ $175.00 NAA = $ 1,639.75
F. UGM Traffic Signal Charge
9.3700 Net Adjusted Acres @ $ 860 /NAA = $ 8,058.20
G. UGM Grade Separation Charge
Service Area:
Net Adjusted Acres @ $345 00/NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: A-D
9.3700 Net Adjusted Acres @ $236.00/NAA = $ 2,211.32
Service Area: E-1-A
9.3700 Net Adjusted Acres @ $168.00/NAA = $ 1,574.16
I. The following charges are not 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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