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HomeMy WebLinkAboutT-4748 - Agreement/Covenant - 8/17/2006 (2) c TITLX _ - 9 WFU'lcPLEASE 71FRESNOOVIn, CALIF ,.KPASTRRlURNTo-MY OF FRESNO �� 0� DEVEWFWWfr DEPARTMENT 2W Fremo Street FRnNO CA 93721-MU FEE WlLL1AM C.GREENWOOQ County Piecorda $ ABDVE SPACE fOR RECDRDER'S USE APN: 405-350-03 CITY of FRESNO Project ID: Final Tract Map No. 4748 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, PAUL OWHADI and SUSAN OWHADI, Husband and Wife, as Community Property, 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. 4748 (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: December 6th, 1996 CITY OF FRESNO, COVENANTOR a Municipal Corpo 'on PAUL OWHADI and SUSAN OWHADI, Husband and Wife, as By: Community Prope Alvin P. Solis, Director Development Department By: au Owhadi APPROVED AS TO FORM: By: JzAa1,nJ HILDA CANTO MONTOY Susan Owhadi C' ^ t B Deputy (Covenantor: Attach Notary Acknowledgements) STATE OF CALIFORNIA, l � S.S. COUNTY OF ('..e s i► y J On MCH t �QQ� , before me, a Notary Public in and for said County and State, personally appeared gS�.�[ ©CJ�a[t �CS ow (a cYi• personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 COWL n�issn � signature(s) on the instrument the person(s), or m NOTARY�" W the entity upon behalf of which the person(s) My acted, executed t instrum nt. camp Fab. WITNESS my d o cial eal Signature STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 hefthe/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 hand and official seal. Signature TE 160 L09W(2-94) This form is furnished by Chicago Title Company 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 December 6th , 1996 before me, Jocelyne Gueret personally appeared Alvin P. Solis, Develop. Director personally known to me (or proved to me on the basis sof 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 By: VID EP 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 . 199_, in the office of the Fresno County Recorder in Book Page Document No. of which the Deed of Trust in by and between as Trustor, , as Trustee, and , 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. 4748. DATED: , 19 By: (Attach Notary Acknowledgement) Statement of Covenants Deferring Fees and Creation of Lien Page 9 EXHIBIT "A" LEGAL DESCRIPTION of SUBJECT PROPERTY Lots 1 through 14, inclusive, of Final Tract Map No. 4748 as recorded in Volume GO of Plats at Page LI I . Fresno County Recorder on 'D EC 199 . EXHIBIT "B" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Project Zoning: R-1-AH/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 8.95 Gross Acres @ $ 560 /GA = $ 5,012.00 Less TGM Credit = $ 0.00 Estimated Net Deferred UGM TGM Charge = $ 5,012.00 D. Frontage Fee 135.96 Lineal Feet @ $ 6.50 /LF = $ 883.74 Estimated Deferred Frontage Fee = $ 883.74 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: 10 8.95 Gross Acres @ $ 240 /GA = $ 2,148.00 Less Oversize Credit = $ 0.00 Estimated Net Deferred UGM OS Charge = $ 2,148.00 B. Lateral Sewer Charge 135.96 Lineal Feet @ $ 5.00 /LF = $ 679.80 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: 2 8.95 Gross Acres @ $ 74.00 /GA = $ 662.30 B. UGM Neighborhood Park Fee Service Area: 6 8.95 Gross Acres @ $ 302.00 /GA = $ 2,702.90 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: C/D-2 8.70 Net Adj Acres @ $1,930.00/NAA = $ 16,791.00 E. UGM Major Street Bridge Charge Service Area: C/D-2 8.70 Net Adj Acres @ $ 65.00 NAA = $ 565.50 F. UGM Traffic Signal Charge 8.70 Net Adjusted Acres @ $ 860 /NAA = $ 7,482.00 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\defeffaI\covt4748 November 13, 1996 EXHIBIT"C'-PRORATED FEE OBLIGATIONS T-4748 Sewer,Water,UGM Fees DUE-DEFERRED BY COVENANT E. Water(A) Water Sewer(10) Sewer F.S.-2 Park-6 Major(C/D-2) No. Area T.G.M. Frontage Oversize Lateral Fee Fee Street 1 20334 $323.20 $441.87 $138.51 $339.90 $42.71 $174.29 $1,082.76 2 20069 $318.98 0.00 7136.71 0.00 42.15 172.02 $1,068.65 3 20117 $319.75 0.00 137.03 $0.06 42.25 172.43 $1,071.20 4 20093 $319.37 TOT00 T136.87 0.00 42.20 172.23 $1,069.92 5 20093 $319.37 0.00 136.87 0.00 $42.20 $172.23 $1,069.92 6 22201 $352.87 0.00 $151.23 0.00 46.63 190.30 $1,182.17 7 34086 $541.78 $0.00 $232.19 0.00 71.59 292.17 $1,815.03 8 37607 $597.74 0.00 256.17 1 0.00 $78.99 $322.35 $2,002.52 9 1 20000 317.89 TO.00 136.24 $0.00 42.01 171.43 $1,064.97 10 20093 $319.37 TOT00 136.87 0.00 42.20 172.23 1,069.92 11 20093 319.37 0.00 136.87 0.00 42.20 172.23 $1,069.92 12 20093 $319.37 $0.00 T36.87 $0.00 42.20 $172.23 $1,069.92 13 20093 $319.37 $0.00 136.87 $0.00 42.20 $172.23 $1,069.92 14 20360 323.61 441.87 138.69 339.90 42.76 174.52 1,084.14 document \q\bacts\d4748.wg1 13-Nov-96 Jb EXHIBIT"C"—PRORATED FEE OBLIGATIONS Z. Major(C/D-2) Traffic No. Bridge Signal 1 $36.47 T47 7 2 35.99 8 3 36.08 24 36.03 5 5 $36.03 $476.75 6 $39.81 $526.77 7 $61.13 $808.77 8 $67.44 $892.32 9 $35.87 $474.55 10 $36.03 476.75 11436.51 6.03 476.75 126.03 476.75 136.03 476.75 14 $483.09,j document\q\tracts\d4748.wg1 13-Nov-96