HomeMy WebLinkAboutT-4767 - Agreement/Covenant - 8/17/2006 (5) RECORDED AT, REQUEST OF
INTO: 96085688 TITU
CITY OF FRESNO
DEVI7. PMM DEPART1111' T AT MIN. PAST
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FIM0 CA 93721-MM
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JUL 0 3 1996
FRESNO COUNTY,CALIFORNIA
WILLIAM C.GREENWOOD,County Recorder
CONFO W
Donita Ghimenti FEE
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APN: 415-070-42 CITY of FRESNO
Project ID: Final Tract Map No. 4767 Development Department
Building & Safety Services Division
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER
CONNECTION CHARGES AND DEVELOPMENT FEES TO THE TE%1E OF
ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN
RECITALS
A. WHEREAS, WATHEN-CASTANOS, 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. 4767
(hereafter, "Project"), require the payment of applicable sewer connection charges and water
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
connection charges (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 the Project may be prorated by the City to each lot, parcel, unit or building on the Subject
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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
the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the
1
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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.
9. Each of the covenants, conditions, and restrictions contained in this Statement shall run
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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: JvN e )g , 199�
CITY OF FRESNO, COVENANTOR
a Municipal Co ration
WATHE -C ST �S, Inc., A
Califo 'a o rat.
By:
Alvin P. Solis, Director By:
Development Department K Castanos, President
(Covenantor: Attach Notary
APPROVED AS TO FORM: Acknowledgements)
HILDA C OY
City Att
Deputy
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 June 19 t h , 1996 before me, J o c e 1 y n e G u e r e t personally appeared
Alvin P . Solis , D e v . D i r e c t o rpersonally 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
By:
() - EPUTY
REVISED:06-07-%
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO )
On this loth day of June, 1996, before me, Julia E.
Silverstrom, a Notary Public in and for said County and State,
personally appeared, KEVIN J. CASTANOS, 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 hand and official seal .
tary Public and for said State
• itRiA E.SILVER
Comm.•988471
Notary PJAO!Califo"'k
FRESNO COUNTY
My Comm.Eames MAR 21,1997
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 9
EXIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1, 6 through 9, 18 through 23, and 27 through 45, inclusive of Final Tract Map
No. 4767 as recorded in Fresno County Records, Volume at Pages
on „1111 n g 19% , 199._.
EXHIBIT "B"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Note: Fees for lots 2-5, 10-17, and 24-26 to be paid with Early Issuance of Building Permits.
Project Zoning: R-1
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
- 1,Q inch Services Q $320.00/Service = $ 9,600.00
B. Meters (flat rate cost basis only)
_ inch Meters @ $ !Meter = $ N/A
C. Transmission Grid Main (TGM) Charge
9.89 Gross Acres @ $ 560 /GA = $ 5,538.40
Less TGM Credit = $�
Less TGM for lots 2-5, 10-17, 24-26 = $ 1,871.74
Estimated Net Deferred TGM Charge = $ 3,666.66
D. Frontage Fee
Lineal Feet @ $ 6.50 /LF = $ N/A
Lineal Feet @ $ 3.25 /LF = $ N/A
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
r .
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. Oversize Sewer Charge
-2.84 Gross Acres CBS $ 240 /GA = $ 2,373.60
Less Oversize Credit
Less Oversize for lots 2-5, 10-17, 24-26 = $ 802.18
Estimated Net Deferred OS Charge = $ 1,571.42
B. Lateral Sewer Charge
Lineal Feet @ $ 10.00 /LF = $ N/A
Lineal Feet @ $ 5.00 /LF = $ N/A
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay*
Net Adj Gross Ac a $ /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
document: \wp51\deferralkovt4767 June 7, 1996
EXHIBIT "C" --PRORATED FEE OBLIGATIONS
WATER WATER SEWER
METER T.G.M. OVERSIZE
Lot Lot AMOUNT AMOUNT AMOUNT
No. Area DUE DUE DUE
1 6766 $320.00 $123.03 $52.73
2 7170 PAID PAID PAID
3 7170 PAID PAID PAID
4 7170 PAID PAID PAID
5 7170 PAID PAID PAID
6 7247 $320.00 $131.77 $56.47
7 7382 $320.00 $134.23 $57.53
8 7255 $320.00 $131.88 S56.52
9 10250 $320.00 $186.37 S79.87
10 5897 PAID PAID PAID
11 5995 PAID PAID PAID _
12 5998 PAID PAID PAID
13 6300 PAID PAID PAID
14 6003 PAID PAID PAID
15 8070 PAID PAID PAID
16 10474 PAID PAID PAID
17 6947 PAID PAID PAID
18 5380 $320.00 $97.83 $41.93
19 6315 $320.00 $114.80 S49.20
20 5100 $320.00 $92.74 $39.74
21 5420 $320.00 $98.56 S42.24
22 1 7200 $320.00 $130.93 $56.11
23 6200 $320.00 $112.73 S48.31
24 6200 PAID PAID PAID
25 6200 PAID PAID PAID
26 6200 PAID PAID PAID
27 6200 $320.00 $112.73 S48.31
28 6200 $320.00 $112.73 S48.31
29 6200 $320.00 $112.73 S48.31
30 10698 $320.00 $194.49 $83.35
31 10597 $320.00 $192.64 S82.56
32 6175 $320.00 $112.28 S48.12
33 7394 $320.00 $134.46 $57.62
34 5405 $320.00 $98.28 S42.12
35 5220 $320.00 $94.92 S40.68
36 5220 $320.00 $94.92 S40.68
37 5220 $320.00 $94.92 S40.68
38 5220 $320.00 $94.92 S40.68
39 5363 $320.00 $97.50 S41.78
40 6761 $320.00 $122.92 $52.68
41 7050 $320.00 $128.18 $54.94
42 7050 $320.00 $128.18 $54.94
43 7050 $320.00 $128.18 $54.94
44 am
$320.00 $128.18 $54.94
45 $320.00 $128.63 $55.13
Total $9,600.00 S3,666.66 $1,571.42
document: \q\tracts\p4767.wb1 17-May-96