HomeMy WebLinkAboutT-4188 - Agreement/Covenant - 7/5/2006 (2) RECORDED IN OFFICIAL RECORDS OF
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CITY OF FRESNO MAR.1 8 1997
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2600 Frmo Stred
FRM0 CA 937213604 , �, , FRESNO COUNTY,CALIFORNIA
r L r..; C Q 1•<F C;?P�1 WILLIAM C.GREENWOOD,C=*Recadcr
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ABaYE SPACE FOR RECORDERS USE
APN: 481-130-25;-12 (Por) CITY of FRESNO
Project ID: Final Tract Map No.4188 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, NORTHERN SUN VILLAS ESTATE, 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 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 Vesting Tentative Tract No. 4188 (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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 "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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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 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: tU a,c,e.L097
CITY OF FRESNO, COVENANTOR
a Municipal Corporation NORTHERN SUN VILLAS ESTATE,
a California Limited Partnership
By:
,Ar Alvin P. Solis, Director Northern California Universal
Development Department Enterprises, Co., as General Partner
APPROVED AS TO FORM: By:
Joe , President
HILDA
Citytome
By:
Deputy
(Covenantor: Attach Notary
Acknowledgements)
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 March 5 1997 before me, Elvia Soamerville personally appeared
Mark Williamson, nev. Manager 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
� a
By:
DEPUTY
.r ,� M1RI
o�
STATE OF CALIFORNIA }ss.
COUNTY OF ,y ,',Sli¢ j }
On 7 , before me, Z11 Z Zv ,
personally appeared _-��
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, executed the instrument.
WITNESS my hadofficial- a I. � .„r , Karen Mazzola
Cmm. 20981
NOTARY P BL C11CA FORNI40-
STANISLAUS COUNTY 0
Signature
x Comm.Exp.Jan.1.2001
(This area for official notarial seat)
Title of Document E ” ,c c,
Date of Document No. of Pages
Other signatures not acknowledged
3008(1194)(General)
rift ATitl,, -,,nrn rnmmll..
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 f " Za , 199?, in the office of the Fresno County Recorder in Book
Page Document No. 9'7OZi�0 71 of which the Deed of Trusein by and between
NORTHERN SUN VILLAS ESTATES, A STOCKTON FINANCIAL CORPORATION,
CALIFORNIA LIMITED PARTNERSHIP Trustor, A CALIFORNIA CORPORATION , as Trustee, and
STOCKTON SAVINGS BANK, FSB , 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 Map No.4188.
DATED: February 19 , 19 97
By:
J Liu, Vice President
By:
Kathleen Stover, Assistant Secretary
(Attach Notary Acknowledgement)
' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of San Joaquin
On February 19, 1997 before me, Ruth Kaululaau, Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC
personally appeared James JT Liu and Kathleen Stover ,
NAME(S)OF SIGNER(S)
O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is re
subscribed to the within instrument and ac-
knowledged to me that he/she4!qeD executed
r ".� '• RUTH ICAULULAAU the same in his/he"a;Fr authorized
p • COMM. #1071586 capacity(ies), and that by his/he the
U= + NOiAWPUBUC-CAUR)RNuI►
SAN JOXUIN COUNTY 0 signature(s) on the instrument the person(s),
ant ,EV..oc[>s teas, or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
® CORPORATE OFFICER
Subordination Agreement
Vice President & Assistant Secretary TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ElATTORNEY-IN-FACTNUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Boz 7184•Canoga Park,CA 91309.7184
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXHIIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 60, inclusive of Final Tract Map No. 4188 as recorded in Fresno
MAR 18 1997
County Records, Volume at Pages on , 199_.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-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)
60 - 1.0 inch Meters @ $320.00/Meter = $ 19,200.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: D
13.5583 Gross Acres @ $ 560 /GA = $ 7,592.65
Less TGM Credit = $ 41.288.00
Estimated Net Deferred UGM TGM Charge = $Pd. w/Credits
D. Frontage Fee
Estimated Deferred Frontage Fee = $ N/A
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: 35
13.5583 Gross Acres @ $ 240 /GA = $ 3,253.99
Less Oversize Credit = $ 6,220.00
Less Over-depth Credit = $ 16,238.00
Estimated Net Deferred UGM OS Charge = $Pd. w/Credits
B. Lateral Sewer Charge
Lineal Feet @ $ 5.00 /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. Major Facilities Sewer Charge
3. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 15
13.5583 Gross Acres @ $ 605.00 /GA = $ 8,202.77
B. UGM Neighborhood Park Fee
Service Area: 2
13.5583 Gross Acres @ $1,650.00 GA = $ 22,371.20
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: D-1/E-2
12.9155 Net Adj Acres @ $2,180.00/NAA'
Less M.S. Credits = $ 54,024.00
Estimated Deferred M.S. = $Pd. W/Credits
E. UGM Major Street Bridge Charge
Service Area: D-1/E-2
12.9155 Net Adj Acres @ $ 210.00 /NAA = $ 2,712.26
F. UGM Traffic Signal Charge
12.9155 Net Adjusted Acres @ $ 860 /NAA
Less T.S. Credits = $ 8,080.00
Estimated T.S. Charge = $ 3,027.33
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
1. 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
docurnem\wp51\deferraI\COVT4188 January 24, 1997
EXHIBIT"C'-PRORATED FEE OBLIGATIONS
T4188 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Fire Station Park Major Bridg Traffic
Meter 15 02 D-1/E-2 Signal
Lot Lot Amount Amount Amount Amount Amount
No. Area Due Due Due Due Due
001 8073 $320.00 $164.56 $448.80 $54.41 $60.72
002 6013 320.00 122.57 334.29 40.53 45.24
003 6102 $320.00 $124.39 $339.24 $41.12 45.92
004 6120 $320.00 $124.75 $340.23 $41.24 46.01
005 1 6120 320.00 124.75 $340.23 $46.01
006 6120 320.00 $124.75 $340.23 $41.24 46.01
007 6120 $320.00 $124.75 $340.23 $41.24 46.01
008 6120 $320.00 $124.75 $340.23 41.24 46.01
009 7302 $320.00 $148.83 405.90 $49.20 $54.95
010 1 4847 $320.00 $98.80 $269.45 $32.66 36.46
011 6852 $320.00 $139.63 $380.82 $46.18 51.51
012 6938 $320.00 T141.39 $385.61 $46.75 $52.20
013 6000 $320.00 $122.27 333.47 $40.43 $45.15
014 6000 $320.00 $122.27 $333.47 $40.43 45.15
015 6000 $320.00 T 122.27 $333.47 $40.43 45.15
016 6000 T3320.00 $122.27 $333.47 $40.43 45.15
017 6757 320.00 $137.70 $375.54 45.53 $50.83
018 7200 $320.00 $146.77 $400.29 $48.53 $54.18
019 8715 $320.00 $177.93 $484.44 $58.74 $65.53
020 6747 $320.00 T137.52 $375.05 $45.47 $50.74
021 6294 $320.00 $128.26 1349.80 $42.42 $47.39
022 6281 320.00 128.02 $349.14 $42.34 $47.21
023 6268 $320.00 127.78 $348.48 $42.23 $47.13
024 6256 $320.00 $127.33 $347.82 $42.17 47.04
025 6243 $320.60 $127.23 347.00 $42.06 46.96
026 6203 $320.00 $126.45 $344.85 41.81 $46.70
027 6105 $320.00 $124.45 $339.41 $41.14 $45.92
028 7794 $320.00 $158.87 $433.29 552.52 58.65
029 8182 $320.00 $166.74 $55.15 61.58
030 7425 $320.00 $151.31 $412.67 $50.04 55.81
031 7350 $320.00 $149.80 $408.54 49. $53.30
032 7277 $320.00 $148.29 $404.42 $49.04 $54.70
033 7538 $320.00 $153.61 $418.94 $50.80 $56.67
034 7458 320.00 151.98 414.48 50.25 56.07
035 7379 320.00 150.40 410.19 49.73 55.47
F03 7845 320.00 159.90 436.10 52.88 59.00
7130 320.00 145.32 396.33 48.05 53.66
6600 320.00 134.49 366.80 44.48 49.62
600 320.00 134.49 366.80 44.48 49.62
6600 320.00 134.49 366.80 44.48 6600 320.00 134.49 366.80 44.48 49.62
7130 320.00 145.32 396.33 48.05 53.66
document: \q\print\t4188.wb1 24-Jan-97
EXHIBIT"C"-PRORATED FEE OBLIGATIONS
T-4188 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Fire Station Park Major Bridg Traffic
Meter 15 02 D-1/E-2 Signal
Lot Lot Amount Amount Amount Amount Amount
No. Area Due Due Due Due Due
r43 7000 320.00 142.66 389.07 47.17 52.63
6480 320.00 132.07 360.20 43.68 48.76
6480 320.00 132.07 360.20 43.68 48.766480 320.00 132.07 360.20 43.68 48.76 6480 320.00 132.07 360.20 43.68 48.76
7000 320.00 142.66 389.07 47.17 52.63
7000 320.00 142.66 389.07 47.17 52.63
480 320.00 132.07 360.20 43.68 48.76
051 6480 320.00 132.07 360.20 43.68 48.76
052 6480 320.00 $132.07 $360.20 $43.68 48.76
053 6480 $320.00 $132.07 $360.20 $43.68 $48.76
054 7000 $320.00 $142.66 $389.07 47.17 52.63
055 7000 $320.00 $142.66 $389.07 $47.17 $52.63
056 6480 320.00 $132.07 $360.20 $43.68 48.76
057 6480 320.00 $132.07 $360.20 $43.68 $48.76
058 6480 $320.00 $132.07 $360.20 $43.68 $48.76
059 6480 $320.00 $132.07 $360.20 $43.68 48.76
060 7000 $320.00 142.66 389.07 47.17 $52.63
document:\q\pdnt\t4188.wbl 24-Jan-97