HomeMy WebLinkAboutT-4704 - Agreement/Covenant - 8/17/2006 (3) ` KtI:UKUtU Al Ktqut bf Ur
CFil�f,GO TITLE
k���MIN. PAST
RrrUMTOc OCT 2 21996
CITY OF FRESNO
DEVEMPMENT DEPARTMENT
2600 Fano Street FRESNO COUNTY,CALIFORNIA
FRESNO CA 93721-3604WILLIAM C.GREENWOOD, County Recd
UP Donita Ghimenti FEE
BY DEPUTY RECORDER
ABOVE SPACE FOR RECORDER'S'USE
APN: 477-030-33 CITY of FRESNO
Project ID: Final Tract Map No. 4704 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, HABITAT FOR HUMANITY FRESNO, 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 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. 4704 (hereafter,
"Project"), require the payment of applicable sewer connection charges, water connection
r
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.
Z. 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:
CITY OF FRESNO, COVENANTOR
a Municipal C oration
HABITAT FOR HUMANITY,
FRESNO, INC. a California
By: Corporation
Alvin P. Solis, Director
Development Department
B
Y•
' Jackie Holmes,
APPROVED AS TO FORM: Executive Director
v
HILDA CANTO MONTOY
City Attorney By:
44,10 Tony C resident
By:
Deputy
(Covenantor: Attach Notary
Acknowledgements)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of
p-,i SA IV% A .IV
County of
On -7 A I ca before me, ,
DATE NAM E OF OFFICER-E 'JANE NOTARY PUBLIC'
7personally
sonally appeared NAMES) SIGNERS)
known to me - - ❑ proved to me on the basis of satisfacto evidence
to be the erson whose name ) is are
subscribed to the within instru nt and ac-
knowledged to me that he/ the executed
Ithe in his/he thei authord
a acit ie ) and that by his/ eil a S) on the instrument the erson( ,entity upon behalf of whlc theerson( acted, executed the instrument.
ALICE R.LYNCH WITNESS my hand and official seal.
i COMM.*1003142 z
z ,� NotorV Public—CaffforniaCl
t FRESNO COUNTY
�9Y Comm.ExPi'es AUG 26, 1997 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
❑ I DI IDUAL
O PORATE OFFICER
TITLE OR E OF DOCUMENT
ATTLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENnTY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
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 )
O — 1996 before me, TJtersonally appeared
personally k
4wn to me (or proved to me on the basis
of satisfactory evide ce) to be the person(s) whose ame(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:
C
EPUTY
r
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 September 22, 1995, in the office of the Fresno County Recorder as
Document No. 95121327 of which the Deed of Trust in by and between
Heritage Manor Homes, a California Corporation, as Trustor, Chicago Title Company, as
Trustee, and Habitat for Humanity Fresno, Inc., a California Non-Profit Public Benefit
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 Map No. 4704.
DATED: !,A , 19
Habitat for Humanity Fresno, Inc., a California
Non-Profit Public Benefit Corporation, as
Beneficiary
By: r ,
; Jackie Holmes, Executed Director
By:
Tony Carr�f_resident
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of 0,
County of
On before me, ,
DATE NA TITLE OF OFFICER G.,'JANE NOTARY PUBLIC
personally appeared ,
NAME( SIGNER(S)
personally known to me - OR - ❑ proved to me on is of satisfa evidence
to be th erson ) whose name isare
subscribed to the within instr nt and ac-
knowledged to me that he/s /the executed
th in his/herii authori ed
ca aci ie , and that by his/he he'
sig ure s on the instrument the person( ),
entity upon behalf of w I the
person( acted, executed the instrument.
ALICE A.LYNCH WITNESS my hand and official seal.
.,1'4 : COMM.*1003142 i
i - Notary Public—California i
FRESNO COUNTY
�tty Comm.Expires AUG 26.1997 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
IN V UAL
COR RATE OFFICER
- TITLE OR TYP F DOCUMENT
miEO
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
LNAMMEOFPERSON(S)ORENTrrY(IES)RNEY-IN FACT NUMBER OF PAGES
STEE(S)
RDIAN/CONSERVATOR
ER:
DATE OF DOCUMENT
S REPRESENTING:
SIGNER(S)OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
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 September 21, 1995, in the office of the Fresno County Recorder as
Document No. 95120634 of which the Deed of Trust in by and between Habitat for Humanity
Fresno, Inc., a California Non-Profit Public Benefit Corporation, as Trustor, Chicago Title
Company, as Trustee, and City of Fresno, a Municipal 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
Map No. 4704.
DATED:
City of Fresno, a Municipal Corporation
By: �k C G .�...�--
Michael A. Bierman, City Manager
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Fresno
On a August. 1996 before me, T.o ,i_-, T. R rk Notary Public,
WE MMIC•ME OF CF14M
fpersonally appeared Mi r}haal A- Ri mrman
MM*qof9SWUPQ
®personally known to me - OR -❑proved to me on the basis of satisfactory evidence to be the
person(s) whose names) Ware subscribed to the
within instrument and acknowledged. to me that
helsheAthey executed the same in hislher/their
authorized capacity(ies), and that by histerltheir
LOUIS J.ST ECK signature(s) on the instrurnent the person(s), or the
Z •-• PMv
NotaryOPubiic°c?«r,;a �y upon behalf of which the person(s) acted,
FRESNO COUNTY executed the instrument.
Comm.Expires JUN 4.1997
WITNESS my hand and official seaL-
-'W" 6F
OPTIONAL
Though the data below is not required by law, I 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
City Manazer
TITLE(S) ME OR TYPE OF DOCUMENT
❑ PARTNER(S) Cl LIMITED
❑ GENF;AL
NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTMG:
NAME OF PERSON(S) OR ENTrTYpES)
The City of Fresno
SIGNER(S)OTHER THAN THOSE NAMED ABOVE
�aMorxas
Avg 15.1991
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 10
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 89, inclusive, of Final Tract Map No. 4704 as recorded in Plat Volume '
Pages q ��' OCT 2 2 1990 , 199____, Fresno County Records.
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 = $
B. Meters (flat rate cost basis only)
89 - 1.0 inch Meters @ $320.00/Meter = $ 28,480.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: C
19.41 Gross Acres @ $ 560 /GA = $ 10,869.60
Less TGM Credit = $ 45,540.00
Estimated Net Deferred UGM TGM Charge = $Paid w/ Credits
D. Frontage Fee
560.00 Lineal Feet @ $ 6.50 /LF = $ 3,640.00
604.23 Lineal Feet @ $ 3.25 /LF = $ 1,963.75
Estimated Deferred Frontage Fee = $ 5,603.75
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: 30
19.41 Gross Acres @ $ 240 /GA = $ 4,658.40
Less Oversize Credit = $ —0-
Estimated Net Deferred UGM OS Charge = $ 4,658.40
B. Lateral Sewer Charge
1,726.88 Lineal Feet @ $ 5.00 /LF = $ 8,633.90
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
M. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: N.D.
19.41 Gross Acres @ $ 800.00 /GA = $ 15,528.00
B. UGM Neighborhood Park Fee
Service Area: 3
19.41 Gross Acres @ $2,220.00/GA = $ 43,090.20
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: E-3
17.57 Net Adj Acres @ $2,795.00/NAA = $ 49,108.15
Less Major Street Credit = $ 44,302.00
Estimated Net Deferred UGM Major Street Charge = $ 4,806.15
E. UGM Major Street Bridge Charge
Service Area: E-3
17.57 Net Adj Acres @ $ 160.00 /NAA = $ 2,811.20
F. UGM Traffic Signal Charge
17.57 Net Adjusted Acres @ $ 860 NAA = $ 15,110.20
Less Traffic Signal Credit = $ 5,200.00
Estimated Net Deferred UGM Traffic Signal Charge = $ 9,910.20
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
document: \wp51\defenral\covt4704 July 3, 1996