HomeMy WebLinkAboutT-4697 - Agreement/Covenant - 8/17/2006 (2) Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
When Recorded, Mail To:
°G 20030211103
C) cD City Clerk 0910512003,
L=" C.a City of Fresno
Cl) 2600 Fresno Street
C.> Fresno, CA 93721-3623
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A PN: 316-021-91s Planning and Development Department
Project ID: Final Tract No. 4697 Building &Safety Services Division
of T. Tr. 4697 CITY of FRESNO
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, Jasbir Singh, a married man, as his sole and separate property, Sumeet
Kamboj, a single man and Surjit Singh Thind, an unmarried man shall hereinafter collectively
and individually, where applicable, shall be jointly designated and referred to as the
"Covenantor," are 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:
Lots 1 through 34, Outlots "A" and "B" inclusive, of Final Tract Map No. 4697, in the
City of Fresno, County of Fresno, State of California, according to the map thereof
recorded on SCJ2± 5 200,_-J1__in Volume (aS of Plats
at Pages . � -qD , Fresno County Records.; and
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 4697
Page 2
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. 4697 (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.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 4697
Page 3
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 Planning and 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 Planning and 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 staid Exhibit"B" shall be maintained by the
Planning and Development Director and shall baa adjusted to reflect the Fee rates in effect at
the time payment is made, and may be adjustedl to account for any subsequently approved
reconfiguration to the size or number of lots, palcels, 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.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 4697
Page 4
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 Planning and 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.
S. 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
Tract No. 4697
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.
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 4697
Page 6 ,
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.
111
111
Statement of Covenants
Deferring Fees and Creation of Lien
Tract No. 4697
Page 7
DATED: ?moo. 03
CITY OF FRESNO, COVENANTOR
a Municipal Corporation JASBIR SINGH
a married man, as his sole and separate property
By:
Nick P. ovino, Director
Plannin and Development Department By:
Jasbir Singh
SWEET KAMBOJ
a single man
APPROVED AS TO FORM:
HILDA CANZMONT
Ciry Atto By:
1Z
eet Ka boj
By:
Deputy SURJIT SINGH THIND
a unmarried man
By:
Surjit Singh Thind
(Covenantor. Attach Notary Acknovrledgments)
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
'
County of FRt S 14p ss.
On A-06UST A r201 before me,
'DATE) r (NOTARY)
personally appeared `Jas 6 f 2 Sr tJ Gy�UQ,,T1T .S,h6N r141n!J) SU M EC--T {-13 Al i601
SIGNERS)
❑ personally known tome - OR - CK proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
/are subscribed to the within instrument and
acknowledged to me that*/hhe/they executed
the same in bis/lpr/their authorized
capacity(ies), and that by los/lir/their
RAJ SINGH signature(s) on the instrument the person(s),
COMM.#1415021 ►^ or the entity upon behalf of which the
N NOTARY PUBLIC-CALIFORNIA N
Fresno County person(s) acted, executed the instrument.
My Comm.Expires May 2.2007
WITNESS my hand and official seal.
ARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
[] OTHER:
OTHER
d
m
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IES) n
OF E
SIGNER o
a
APA 5N9 VALLEY-SIERRA. 800-362-3369
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On August 28,2003, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Nick P.Yovino,Planning and Development Director, known to me(or proved to me on the
basis of satisfactory evidence)to be the person(s)whose name(s) 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),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH
CITY CLERK
Deputy
EXHIBIT"A"
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
B. Meters (flat rate cost basis only)
34- 1.0 inch Meters @ $-.320/Meter = $ 10.880.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: B
8.9367 Gross Acres @$ 560/GA = $ 5.004.55
Less Estimated TGM Construction Credits = $ 1.813.00
Estimated Net Deferred UGM TGM Charge = $ 3,191.55
D. Transmission Grid Main Bond Debt Service Charge
8.9367 Gross Acres @ $243/GA = $ 2.171.62
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,171.62
E. Frontage Fee
752 Lineal Feet @ $3.25/LF = $__2.,444.00
1,222 Lineal Feet @$6.50/LF = $ 7.943.00 `
Subtotal Frontage Fee = $ 10.302.00
Estimated Deferred Frontage Fee = $ 10.302.00
F. 1994 Bond Debt Service Fee
301 1994 Bond Debt Service Area.
34 Units @$60.00/Unit = $ 2.040.00
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
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: 21 ,
91.200 Square Feet @ $0.05 /Sq. Ft. _ $ 4.560.00
Estimated Net Deferred UGM Oversize Charge = $ 4.560.00
B. Lateral Sewer Charge
91.200 Square Feet @$0.10/ Sq. Ft. _ $ 9,120.00
Estimated Net Deferred Lateral Sewer Charge = $ 9.120.00
C. Housebranch Sewer Charge
D. Millbrook Sewer Overlay
Net Adj Gross Ac @ $ lNAA
- 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
Ill. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 16
8.9367 Gross Acres @ $ 1,242/GA • _ $ 11,099.38
B. UGM Neighborhood Park Fee
Service Area: 4
8.9367 Gross Acres @$ 1,230/GA = $ 10,992.14
C. UGM Trunk Sewer Fee(Res 83-40)
Service Area:
Gross Acres @$ /GA = $__%A
D. UGM Major Street Charge
Service Area: E-4
7.7934 Net Adj Acres @$ 2.435/NAA = $ 18,976.93
Less Estimated Major Street Construction Credits = $ 24.038.00
Estimated Net Deferred UGM Major Street Charge = $ Paid w/credits
E. UGM Major Street Bridge Charge
Service Area: E-4
7.7934 Net Adj Acres @ $ 135/NAA = $ 1,052.11
F. UGM Traffic Signal Charge
7.7934 Net Adjusted Acres @$-160/NAA = $ 6,702.32
G. UGM Grade Separation Charge
Service Area: E-4-A
7.7934 Net Adjusted Acres @$ 345/NAA = $ 2,688.72
H. 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
document MMp5I%defertard4697bxh6NA June 5,2003
EXHIBIT 13" -- PRORATED FEE O13LICATiON5
T-4697 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994 Sewer
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 7413 $320.00 $299.39 $92.00 $62.60 $60.00 $262.86
2 6180 $320.00 $249.59 $76.67 $52.17 $60.00 $219.14
3 6180 $320.00 $249.59 $76.67. $52.17 $60.00 $219.14
4 6180 $320.00 $249.59 $76.67 $52.17 $60.00 $219.14
5 6180 $320.00 $249.59 $76.67 $52.17 $60.00 $219.14
6 6180 $320.00 $249.59 $76.67 $52.17 $60.00 $219.14
7 7290 $320.00 $294.42 $90.46 $61.55 $60.00 $258.50
8 10766 $320.00 $434.81 $133.61 $90.91 $60.00 $381.75
9 8795 $320.00 $355.21 $109.14 $74.26 $60.00 $311.86
10 1 9245 $320.00 $373.38 $114.70 $78.05 $60.00 $327.82
11 11813 $320.00 $477.09 $146.61 $99.75 $60.00 $418.88
12 9201 $320.00 $371.60 $114.17 $77.69 $60.00 $326.26
13 7365 $320.00 $297.45 $91.39 $62.18 $60.00 $261.16
14 7739 $320.00 $312.56 $96.03 $65.34 $60.00 $274.42
15 7770 $320.00 $313.81 $96.43 $65.61 $60.00 $275.52
16 7770 $320.00 $313.81 $96.43 $65.61 $60.00 $275.52
17 8992 $320.00 $363.16 $111.56 $75.91 $60.00 $318.85
18 1 8420 $320.00 $340.06 $104.50 $71.10 $60.00 $298.57
19 7267 $320.00 $293.49 $90.17 $61.36 $60.00 $257.68
20 7209 $320.00 $291.15 $89.46 $60.87 $60.00 $255.62
21 7137 $320.00 $288.24 $88.57 $60.26 $60.00 $253.07
22 1 7065 $320.00 $285.34 $87.68 $59.66 $60.00 $250.52
23 7031 $320.00 $283.96 $87.25 $59.36 $60.00 $249.31
24 9797 $320.00 $395.67 $121.56 $82.72 $60.00 $347.39
25 7727 $320.00 $312.07 $95.89 $65.25 $60.00 $273.99
26 6600 $320.00 $266.56 $81.88 $55.72 $60.00 $234.03
27 6600 $320.00 $266.56 $81.88 $55.72 $60.00 $234.03
28 1 6600 $320.00 $266.56 $81.88 $55.72 $60.00 $234.03
29 6600 $320.00 $266.56 $81.88 $55.72 $60.00 $234.03
30 6600 $320.00 $266.56 $81.88 $55.72 $60.00 $234.03
31 6600 1 $320.00 $266.56 1 $81.88 1 $55.72 $60.00 $234.03
document:lq\print\p4697 05-Jun-03
EXHIf3!T "e' PRORATED FEE 013LIGATION5
T-4697 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water Water Water TGM Water 1994• Sewer
Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
32 6644 $320.00 $268.33 $82.47 $56.11 $60.00 $235.59
33 6957 $320.00 $280.97 $86.31 $58.73 $60.00 $246.69
34 7285 $320.00 $294.22 $90.38 $61.50 $60.00 $258.32
document:\q\print\p4697 05-Jun-03
EXHI13I1"fi" -- PRORATED FEE O13UGATION5
Sewer Fire Neighborhood Major Traffic Grade-
Lot Oversize Station Park Bridge Signal Seperation
No. Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 $131.43 $319.94 $316.85 $30.32 $193.16 $77.49
2 $109.57 $266.66 $264.08 $25.29 $161.08 $64.62
3 $109.57 $266.66 $264.08 $25.29 $161.08 $64.62
4 $109.57 $266.66 $264.08 $25.29 $161.08 $64.62
5 $109.57 $266.66 $264.08 $25.29 $161.08 $64.62
6 $109.57 $266.66 $264.08 $25.29 $161.08 $64.62
7 $129.25 $314.60 $311.56 $29.82 $189.97 $76.21
8 $190.88 $464.63 $460.14 $44.04 $280.53 $112.54
9 $155.93 $379.56 $375.89 $35.98 $229.19 $91.94
10 $163.91 $398.93 $395.08 $37.81 $240.89 $96.63
11 $209.44 $509.84 $504.92 $48.32 $307.79 $123.48
12 $163.13 $397.07 $393.23 $37.64 $239.77 $96.19
13 $130.58 $317.83 $314.76 $30.13 $191.95 $77.00
14 $137.21 $333.97 $330.75 $31.66 $201.67 $80.90
15 $137.76 $335.34 $332.10 $31.78 $202.44 $81.21
16 $137.76 $335.34 $332.10 $31.78 $202.44 $81.21
17 $159.42 $388.00 $384.25 $36.79 $234.35 $94.01
18 $149.28 $363.41 $359.90 $34.44 $219.39 $88.01
19 1 $128.84 $313.61 $310.57 $29.73 $189.37 $75.97
20 $127.81 $311.12 $308.12 $29.48 $187.82 $75.35
21 $126.54 $308.02 $305.04 $29.20 $186.02 $74.62
22 $125.26 $304.91 $301.97 $28.90 $184.13 $73.86
23 $124.66 $303.42 $300.49 $28.76 $183.18 $73.49
24 $173.70 $422.78 $418.69 $40.08 $255.33 $102.43
25 $137.00 $333.48 $330.25 $31.60 $201.33 $80.76
26 $117.01 $284.79 $282.04 $27.00 $172.00 $69.00
27 1 $117.01 $284.79 $282.04 $27.00 $172.00 $69.00
28 $117.01 $284.79 $282.04 $27.00 $172.00 $69.00
29 $117.01 $284.79 $282.04 $27.00 $172.00 $69.00
30 $117.01 $284.79 $282.04 $27.00 $172.00 $69.00
31 $117.01 1 $284.79 $282.04 1 $27.00 1 $172.00 1 $69.00
document: \q\print\p4697 05-Jun-03
' FAHINT 13" -- FK0",TED FEE ODLIGATION5
Sewer Fire Neighborhood Major Traffic Grade .
Lot Oversize Station Park Bridge Signal Seperation
No. Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
32 $117.80 $286.78 $284.01 $27.18 $173.12 $69.45
33 $123.34 $300.19 $297.29 $28.46 $181.29 $72.73
34 $129.16 $314.35 $311.31 $29.79 $189.80 $76.14
document\q\prinAp4697 05-Jun-03