HomeMy WebLinkAboutT-4380 - Agreement/Covenant - 7/6/2006 (2) RECORDED AT REQUEST OF
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- 'CITY OF FRESNO ATMIN. PAST
! DEVELOPSIENT DEPART IENT
2600 Frema Street
FRESNO CA 93721-1604 AUG 2-4 1995
FRESNO COUNTY, CALIFORNIA
WILLWM C.GREENWOOD, County Recorder
PLEASE COt�iFORIiI Donita Ghimenti FEE
-------------above space for CountyyP ecoJer�s use ----------
APN 502-020-02. 503-020-19 CITY of FRESNO
Project ID: Tract No. 4380 Development Department
Building & Safety Services
STATEMENT OF COVENANTS
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, McCAFFREY DEVELOPMENT L.P., 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. 4380 (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 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
reconfigurations 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 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: M Lv t e, HKks
CITY OF FRESNO, COVENANTOR
a Municipal Corpo tion
McCAFFREY DEVELOPMENT L.P.,
a California Limited Partnership
By
Alv' . Solis, Director By:
Development Department Robert A. McCaffrey
General Partner
APPROVED AS TO FORM: By:
en McC ey,
HILD TU-MONTOY General Partner
mg Att
B
Deputy
(Covenantor: Attach Notary
Acknowledgements)
STATE OF CALIFORNIA I
I SS.
COUNTY OF FRESNO I
On JUNE 2, 1995, before me, R. LANIER, NOTARY PUBLIC,
personally appeared ROBERT A. McCAFFREY AND KAREN McCAFFREY
known to me to be the person(s) , whose name(s) are subscribed
to the within instrument and acknowledged to me that they
executed the same in their authorized capacity(ies) , and that by
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 and and official seal .
��� �. R. MER
11111111111FCOMM. #997399
Signatu aC71 t, NOTARY PUKtC-CALIFORNIA c.
F- r FRESNO COUNTY ~
�. My Comm.Exp;res Aug.22,199
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 2 1995 before me, personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the person on behalf of the CITY OF FRESNO of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By: �e6 A4�—A *
EPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on W&M 1991 in the office of the Fresno County Recorder in Book
Page Document No. l ` 7`1_ of which the Deed of Trust in by and between
as Trustor, Yrif�►'1� I1 � 1 5 C�a,,UJee, and
A',,-,a4s 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 Tract No. 4380.
DATED: 1995
c leen S( e , VCQ Ae5���
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.SW
State of �--'
County of
�-
On before me, ,
DATE NAME.TITLE OF OFF G. NE E,NOTARY PUBLIC'
personally appeared ,
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 ac-
knowledged to me that he/she/they executed
" - - - - - - - - - the same in his/her/their authorized
OFFICIAL NOTARY SEAL capacity(ies), and that by his/her/their
CHRISTINE R.SMiT�:
Notary PubIlo.-C®tgo signature(s) on the instrument theerson(s),
CONTRA COSTA COUNTY p
WCOMM.EAPlres OEC 16, 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 Ay�_
C CORPORATE OFF1019)i orn i
,T ll TITLE OR P OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PE{I�'�l��i�ENTTTY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
EXHUBIT "All
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 122, inclusive, of T ct No. 438Q as recorded in Fresno County Records
in Book at Pages &O"On 99S.
EXMIT "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)
122 - 1.0 inch Meters @ $320.00/Meter = $ 38.400.00
2 - 1.5 inch Meters @ $470.00/Meter = $ 940.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
28.36 Gross Acres @ $ 560 /GA = $ 15.881.60
Less TGM Credit = $ 70.466.63
Estimated Net Deferred UGM TGM Charge = $ -0-
D. Frontage Fee
Estimated Deferred Frontage Fee = $ -0-
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: 19
28.36 Gross Acres @ $ 240 /GA = $ 6.806.40
Less Oversize Credit = $ 39.069.76
Estimated Net Deferred UGM OS Charge = $ -0-
B. Lateral Sewer Charge
Estimated Deferred Frontage Fee = $ -0-
C. Housebranch Sewer Charge = $ -0-
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: 14
28.36 Gross Acres @ $ 282.00 /GA = $ -0-
B. UGM Neighborhood Park Fee
Service Area: 5
28.36 Gross Acres @ $1.695.00/GA = $ 48.070.20
C. UGM Trunk Sewer Fee
Service Area:
Gross Acres @ $ !GA = $ N/A
D. UGM Major Street Charge
Service Area: C/D-2
28.36 Net Adj Acres @ $1.930.00/NAA = $ -0- **
E. UGM Major Street Bridge Charge
Service Area: C/D-2
28.36 Net Adj Acres @ $ 65.00 /NAA = $ 1.843.40
F. UGM Traffic Signal Charge
Net Adjusted Acres @ $ 860 /NAA = $ -0- **
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 and construction
2. UGM Local Street rights of way acquisition and construction
3. UGM Major Street Bridge rights of way acquisition and construction
* Fee obligation satisfied by construction credits per Agreement approved on
May 26, 1987 and amended on May 8, 1990 by City Council for F.S. 14.
** These Fees Paid w/ Credits from A.D.#131.
document: \wp51\deferral\covt43&0 May 30, 1995
EXHIBIT "C" -- PRORATED FEE OBLIGATION
T-4380 Sewer, Water, UGM Fees DUE-DEFERRED BY COVENANT
Lot Water Park-5 Major Date
No. Area Meter Fee Bridge Paid C.M.#
1 6200 $320. 00 $356 . 86 $13 .68
2 11775 $320. 00 $677 .75 $25 . 99
3 9482 $320 . 00 $545 . 77 $20 . 93
4 6534 $320. 00 $376 .09 $14 .42
5 6422 $320 . 00 $369 . 64 $14 . 17
6 7093 $320 . 00 $408 .26 $15 . 66
7 6121 $320. 00 $352 .31 $13 .51
8 6245 $320 . 00 $359 .45 $13 .78
9 10024 $320 . 00 $576 . 96 $22 .13
10 7587 $320 . 00 $436 . 70 $16 .75
11 7327 $320. 00 $421 . 73 $16 .17
12 9058 $320 . 00 $521 .36 $19 .99
13 11246 $320 . 00 $647 .30 $24 .82
14 6008 $320 . 00 $345 . 81 $13 .26
15 6000 $320 .00 $345 .35 $13 .24
16 6922 $320 . 00 $398 .42 $15.28
17 6922 $320. 00 $398 .42 $15 .28
18 6300 $320. 00 $362 . 62 $13 .91
19 6300 $320. 00 $362 .62 $13 . 91
20 6300 $320. 00 $362 . 62 $13 . 91
21 11056 $320 . 00 $636 .37 $24 .40
22 14742 $470 . 00 $848 . 53 $32 .54
23 6568 $320 . 00 $378 . 04 $14 . 50
24 7411 $320. 00 $426 .56 $16 .36
25 6536 $320. 00 $376 .20 $14 .43
26 6000 $320 . 00 $345 . 35 $13 .24
27 6000 $320 . 00 $345 .35 $13 .24
28 6777 $320 . 00 $390 . 07 $14 . 96
29 7541 $320 . 00 $434 . 05 $16 . 64
30 10411 $320 . 00 $599 .24 $22 . 98
31 6232 $320 . 00 $358 . 70 $13 . 76
32 6001 $320 . 00 $345 .41 $13 .25
33 6001 $320 . 00 $345 .41 $13 .25
34 6001 $320 . 00 $345 .41 $13 .25
35 6001 $320 . 00 $345 .41 $13 .25
36 6613 $320 . 00 $380 . 63 $14 . 60
37 6613 $320 . 00 $380 . 63 $14 . 60
38 6001 $320 . 00 $345 .41 $13 .25
39 6001 $320 . 00 $345 .41 $13 .25
40 6001 $320 . 00 $345 .41 $13 .25
41 6001 $320 . 00 $345 .41 $13 .25
42 6001 $320 . 00 $345 .41 $13 .25
43 6001 $320 . 00 $345 .41 $13 .25
44 10085 $320 . 00 $580 .48 $22 .26
45 13240 $470 . 00 $762 . 07 $29 .22
46 7679 $320 . 00 $441 . 99 $16 . 95
47 6600 $320 . 00 $379 . 89 $14 .57
48 6600 $320 . 00 $379 . 89 $14 . 57
49 6600 $320 . 00 $379 . 89 $14 . 57
50 6600 $320 . 00 $379 . 89 $14 . 57
document : \q\tracts\d4380 .wgl 25-May-95
EXHIBIT "C" -- PRORATED FEE OBLIGATION
T-4380 Sewer, Water, UGM Fees DUE-DEFERRED BY COVENANT
Lot Water Park-5 Major Date
No. Area Meter Fee Bridge Paid C.M.#
51 6994 $320.00 $402 .56 $15 .44
52 7002 $320. 00 $403 . 02 $15 .46
53 6600 $320. 00 $379 .89 $14 .57
54 8048 $320. 00 $463 .23 $17.76
55 11001 $320. 00 $633 .20 $24 .28
56 7020 $320. 00 $404 . 06 $15.49
57 6050 $320. 00 $348 .23 $13 .35
58 6000 $320.00 $345 .35 $13 .24
59 6000 $320 . 00 $345 .35 $13 .24
60 6000 $320 . 00 $345 .35 $13 .24
61 6000 $320 . 00 $345 .35 $13 .24
62 6000 $320 . 00 $345 .35 $13 .24
63 6422 $320 . 00 $369.64 $14 .17
64 6422 $320 . 00 $369 . 64 $14 .17
65 6000 $320 . 00 $345 .35 $13 .24
66 6000 $320 . 00 $345 .35 $13 .24
67 6000 $320.00 $345 . 35 $13 .24
68 6000 $320 . 00 $345 .35 $13 .24
69 6000 $320 . 00 $345 .35 $13 .24
70 6043 $320 . 00 $347 . 83 $13 .34
71 6334 $320 . 00 $364 .57 $13 . 98
72 9738 $320 . 00 $560 .50 $21.49
73 7864 $320 . 00 $452 . 64 $17.36
74 6554 $320 . 00 $377 .24 $14 .47 '
75 6600 $320 . 00 $379 .89 $14 .57
76 7420 $320 . 00 $427. 08 $16 .38
77 7302 $320 . 00 $420 .29 $16 .12
78 6300 $320 . 00 $362 . 62 $13 . 91
79 6300 $320 . 00 $362 . 62 $13 . 91
80 6300 $320 . 00 $362 . 62 $13 . 91
81 6300 $320 . 00 $362 . 62 $13 . 91
82 6300 $320 . 00 $362 . 62 $13 . 91
83 6300 $320 . 00 $362 . 62 $13 . 91
84 6300 $320.00 $362 . 62 $13 . 91
85 6300 $320. 00 $362 . 62 $13 . 91
86 6300 $320 . 00 $362 . 62 $13 . 91
87 6300 $320 . 00 $362 . 62 $13 . 91
88 6300 $320 . 00 $362 . 62 $13 . 91
89 6922 $320 . 00 $398 .42 $15.28
90 6922 $320 . 00 $398 .42 $15.28
91 6300 $320 . 00 $362 . 62 $13 . 91
92 6300 $320 . 00 $362 . 62 $13 . 91
93 6300 $320 . 00 $362 .62 $13 . 91
94 6300 $320 . 00 $362 . 62 $13 . 91
95 6300 $320 . 00 $362 . 62 $13 . 91
96 6300 $320 . 00 $362 . 62 $13 . 91
97 6300 $320 . 00 $362 . 62 $13 . 91
98 6300 $320 . 00 $362 . 62 $13 . 91
99 6300 $320 . 00 $362 . 62 $13 . 91
100 6300 $320 . 00 $362 . 62 $13 . 91
document : \q\tracts\d4380 .wg1 25-May-95
EXHIBIT "C" -- PRORATED FEE OBLIGATION
' T-4380 Sewer, Water, UGM Fees DUE-DEFERRED BY COVENANT
Lot Water Park-5 Major Date
No. Area Meter Fee Bridge Paid C.M.#
101 6300 $320 . 00 $362 .62 $13 . 91
102 6922 $320 .00 $398 .42 $15 .28
103 7992 $320. 00 $460. 01 $17.64
104 6100 $320. 00 $351.11 $13 .46
105 6100 $320.00 $351.11 $13 .46
106 6000 $320 .00 $345 .35 $13 .24
107 6000 $320 . 00 $345 .35 $13 .24
108 6000 $320 . 00 $345 .35 $13 .24
109 6000 $320. 00 $345 .35 $13 .24
110 6000 $320 . 00 $345.35 $13 .24
ill 6000 $320 .00 $345 .35 $13 .24 _
112 6000 $320. 00 $345 .35 $13 .24 _
113 6000 $320. 00 $345.35 $13 .24
114 6000 $320 .00 $345 .35 $13 .24
115 6000 $320 .00 $345 .35 $13 .24
116 6000 $320. 00 $345 .35 $13 .24
117 6000 $320 . 00 $345.35 $13 .24
118 6000 $320 . 00 $345 .35 $13 .24
119 6000 $320 .00 $345 .35 $13 .24
120 6000 $320 .00 $345 .35 $13 .24
121 6188 $320. 00 $356 .17 $13 .66
122 6216 $320. 00 $357.78 $13 .72
------------------------------------------------------------- _
TOTAL 835156 $39, 340 . 00 $48, 070 .20 $1, 843 .40
GROSS ACRES = 28 .36
NET ADJUSTED ACRES = 28 .36
PARK-5 FEE RATE _ $1, 695. 00
MAJ. ST. BRIDGE RATE (C/D-2) _ $65.00
document : \q\tracts\d4380 .wg1 25-May-95