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Home My WebLink AboutT-4776 - Agreement/Covenant - 8/17/2006 (4) Rf`tntNTO: G709421 S CrrY OF FRESNO AT N. PAST M ttEVMOnUM D&.a MIrNp 2600 Pao&r d FRaNOCA93721-3604 JUL 2 5 1997 FRESNO COUNTY, CAUFORNIA PLEASE CONFORM1MA..LAM O. GREENWOOD, County Recorder Donita Ghimenti FEE ABOVE SPACE FOR RECORDER'S IISeY DEPUTY Rrcofloefl APN: 503-020-36(Por.) CITY of FRESNO Project ID: Final Tract No. 4776 Development Department Project ID: Tentative Tract No. 4421 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, PATRIOT HOMES-FRESNO III, a Limited Liability Company, 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 as follows and by this reference made part of this Statement of Covenants: Lots 1 through 3, 9, 10, 12 through 14 and 23 through 95, inclusive, of Final Tract Map No. 4776, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on JUL 2 5 1997 , 199_, in Volume , of Plats at Pages and 41D , Fresno County Records. 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 Statement of Covenants Deferring Fees and Creation of Lien Page 2 part of this instrument; and C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4421 (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 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 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 "B", at any time after the recordation of this instrument. The Fee obligations stated in said Exhibit "B" 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 r Statement of Covenants Deferring Fees and Creation of Lien Page 4 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 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 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 Statement of Covenants Deferring Fees and Creation of Lien Page 5 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 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 Statement of Covenants Deferring Fees and Creation of Lien Page 6 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 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: Uu-IM 15 1 ga1? CITY OF FRESNO, COVENANTOR a Municipal Corporati PATRIOT HOMES-FRESNO III. , a Limited Liability Company By: Al P. Solis, Director Development Department By: David Schwartzman, President/Secretary APPROVED AS TO FORM: HILD A rMONOY City Attorne By. eputy (Covenantor: Attach Notary Acknowledgements) t POSE ACKNOWLEDGMENT Slato of' CAT;TT PNTA CAPACITY CLAIMED BY SIGNER County of FRESNO ❑ INDIVIDUAL(S) ❑ CORPORATE On JUNE 591997 boforo mo, Jimmy Y. Tsuruoka, Notary Public OFFICER DATE NAME.TNLE of orrlcEn 11TLEIS1 ❑ PAnTNEn(S) porsonally appoarod David Schwartzman ❑ ATTOnNEY-IN•FACT r+AMETST of SiaNEnlsT ❑ TnUSTEE(S) [�porsonally known to mo-Oil- O provod to mo on Iho basis of salislaclory ovidonco to bo Iho porson(s) whoso narne(s) is/aro subscribod to Iho wilhin Instrument and ac- ❑ aUAnoIAN/coNSEnVATOn knowlodged to mo that ho/she/thoy oxocutod ❑ OTHEn: Iho samo In his/hor/tholr authorizod capaclty(los), and that by his/hor/Ihoir 49661 'LI '1eW sa+idx3•ww03 AW slgnaluro(s)on Iho Instrumont Iho porson(s), r-4 AINnoo 6NS38A 4 r =-i or Iho enlilyuponbohallolwhiclltiloporson(s) SIGNER IS REPRESENTING: VINM0311110-onand AUVION NAME OF PEns(xgsl on ENTITYK31 iZ50Z0i# 'WW00 actod, oxecutedtho Instrurnont' Patriot Homes-Fresno III �1Of1ansi *A AmNif �'""` j Witnoss my Land and official soal. a limited Liability Co. /AlGhATURE OF NOTARY 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 ) Vi On , 1997 before me, ��_ . L I �)E G o E tZ E t—personally appeared 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(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: DEP Y 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 May 14, 1996, in the office of the Fresno County Recorder as Document No. 96061459 of which the Deed of Trust in by and between Patriot Homes-Fresno II, a Limited Company, as Trustor, General Bank, a California Corporation, as Trustee, and General Bank, a California 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 No. 4776. DATED: V bfA]L� j o , 19 T. General Bank, a Califo a Corporation By: i Eddie Chang, Senior Vice President (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 10, 1997 before me, Anna Choi Lo, notary public personally appeared EDDIE CHANG, SENIOR VICE PRESIDENT ®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. AHnu►cHa Lo Comwamon#114W93 Notav A.mc—Calfomla Los Argelm My Co TM Bq*u Jun 1a, 001 SIGNAT F 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 ® CORPORATE OFFICER (Patriot Homes Phase III) Senior Vice President Subordination to Mag TITLE OR TYPE OF DOCUMENT Q PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT 1 NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 6/10/1997 DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: General Bank SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Lots 4-8, 11, 15-22, inclusive, have "Early Issuance of Building Permits." (EIBP). Deferred fees listed reflect total amount to be deferred with Early Issuance of Building Permits lots fees removed. Project Zoning: R-I/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) 79 - 1.0 inch Meters @ $320.00/Meter = $ 25,280.00 2 - 1.5 inch Meters @ $470.00/Meter = $ 940.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 26.2345 Gross Acres @ $ 560 /GA = $ 14,691.32 Less TGM Credit = $ 0.00 Less TGM Credits -- AD #131 = $ 59,636.66 Estimated Net Deferred UGM TGM Charge = $Paid w/Credits D. Frontage Fee Alluvial installed by AD #131 -- Participant all other mains to be installed by developer. 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 II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES A. UGM Oversize Sewer Charge UGM Reimbursement Area: 19 26.2345 Gross Acres @ $ 240 /GA = $ 6,296.28 Less Oversize Credit = $ 0.00 Less Over-depth Credit = $ 0.00 Less Oversize Credit -- AD #131 = $ 48,649.43 Estimated Net Deferred UGM Oversize Charge = $Paid w/Credits B. Lateral Sewer Charge Alluvial installed by AD #131 -- Participant all other mains to be installed by developer. 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 III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 14 26.2345 Gross Acres @ $ 547.00 /GA = $ 11,741.68 B. UGM Neighborhood Park Fee Service Area: 5 26.2345 Gross Acres @ $1,695.00/GA = $ 36,384.19 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 25.3642 Net Adj Acres @ $1,930.00lNAA = $ 48,925.91 Less Major Street Credit = $ 65,815.50 Net Major Street Charge = $Paid w/Credits E. UGM Major Street Bridge Charge Service Area: C/D-2 25.3642 Net Adj Acres @ $ 65.00 /NAA = $ 1,348.96 F. UGM Traffic Signal Charge 25.3642 Net Adjusted Acres @ $ 860 /NAA = $ 17,847.84 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\deferral\covt4776 June 2, 1997 EXHIBIT"B"-PRORATED FEE OBLIGATIONS T-4776 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Fire Station Neighborhood Major Street Traffic Meter #14 Park# 5 Bridge C/D-2 Signal Lot Lot Amount Amount Amount Amount Amount No. Area Due Due Due Due Due $154.64 $479.181 .7 .1 002 6585 $320.00 $123.46 $382.56 14.18 187.65 003 7150 $320.00 $134.02 $415.28 15.40 $203.73 04 7756 Paid Paid Paid Paid Paid r16614 Paid Paid Paid Paid Paid 11770 Paid Paid Paid Paid Paid 11012 Paid Paid Paid Paid Paid 11582 Paid Paid Paid Paid Paid 7397 320.00 138.66 429.68 15.93 210.79 7155 320.00 134.12 415.61 15.41 203.91 7487 Paid Paid Paid Paid Paid 7865 $320.00 $147.42 $456.80 $16.94 224.12 013 8561 $320.00 $160.49 497.31 18.44 $243.98 L01 4 32 .00 135.44 419.68 15.56 205.88 11573 Paid Paid Paid Paid Paid 94 Paid Paid Paid Paid Paid 8591 Paid Paid Paid Paid Paid 018 10727 Paid Paid Paid Paid Paid 019 6678 Paid Paid Paid Paid Paid 020 6871 Paid Paid Paid Paid Paid 021 8332 Paid Paid Paid Paid Paid 022 10757 Paid Paid Paid Paid Paid 023 7564 320.00 141.78 439.34 16.29 215.52 224 7393 320.00 138.61 429.51 15.93 210.70 025 6695 320.00 125.48 388.83 14.42 190.75 026 6695 320.00 125.48 388.83 14.42 190.75 0 7 6695 $320.00 $125.48 $388.83 14.42 $190.75 028 7239 $320.00 $135.71 $420.55 $15.59 $206.31 029 1 12121 $320.00 $227.22 $704.10 26.10 $345.38 030 9294 320.00 174.22 $539.86 $20.02 264.88 031 9121 $320.00 $170.99 $529.86 19.64 259.89 032 8810 $320.00 $511.72 $18.97 $251.03 033 8816 $320.00 $165.25 $512.06 18.99 $251.21 034 8841 $320.00 $165.74 $513.59 $19.04 $251.89 035 8726 $320.00 $163.61 $506.97 $18.79 $248.63 036 8767 $320.00 $164.37 $509.35 18.88 $249.83 037 8772 $320.00 $164.43 $509.52 $18.90 250.00 038 8777 $320.00 $164.54 $509.86 18.90 250.09 039 9024 $320.00 $169.19 $524.26 $19.44 $257.14 040 10151 $320.00 $190.30 589.69 $21.86 289.22 041 13335 470.00 $249.98 $774.62 $28.72 $379.95 042 9378 320.00 $175.81 $544.77 $20.20 $267.20 document: \q\print\h4776.wb1 02-Jun-97 EXHIBIT"B"-PRORATED FEE OBLIGATIONS T-4776 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Fire Station Neighborhood Major Street Traffic Meter #14 Park# 5 Bridge C1D-2 Signal Lot Lot Amount Amount Amount Amount Amount No. Area Due Due Due Due Due 043 7058 $320.00 132.32 $410.02 $15.20 201.15 044 6288 $320.00 $117.88 $365.27 $13.54 $179.14 045 6227 $320.00 $116.73 $361.71 13.41 $177.42 046 6000 320.00 112.46 $348.49 $12.92 $170.97 047 1 7117 320.00 $133.41 $413.41 $15.33 202.79 048 10411 $320.00 $195.17 $604.78 22.43 296.70 049 8712 $320.00 $163.33 $506.13 18.77 $248.28 050 6799 $320.00 $127.45 $394.94 14.64 193.76 051 6933 320.00 $129.97 $402.73 $14.93 $197.54 052 8804 $320.00 $165.03 $511.38 18.96 250.86 053 8737 $320.00 $163.77 $507.48 18.82 248.97 054 8965 $320.00 $168.04 $520.76 $19.31 $255.51 055 7000 $320.00 $131.23 $406.63 15.07 $199.43 056 7759 $320.00 145.45 $450.70 16.71 $221.11 057 12449 $320.00 $233.35 $723.09 26.81 $354.75 058 13096 $470.00 $245.49 $760.72 28.20 $373.15 059 9772 $320.00 $183.19 $567.66 $21.05 $278.47 060 7053 $320.00 $132.21 $409.68 15.19 $200.98 0 1 6000 $320.00 $112.46 $348.49 $12.92 $170.97 062 6000 $320.00 $112.46 $348.4P $12.92 $170.97 63 6000 $320.00 $112.46 $348.49 $12.92 $170.97 064 6889 $320.00 $129.15 $400.19 14.84 $196.34 0 5 7069 $320.00 $132.54 $410.70 15.22 $201.41 066 6500 $320.00 $121.87 377.65 $14.00 $185.24 067 6500 $320.00 $121.87 $377.65 $14.00 $185.24 068 6500 320.00 $121.87 $377.65 14.00 $185.24 069 7042 $320.00 $131.99 $409.00 $15.16 $200.64 070 7596 $320.00 $142.38 $441.21 16.36 216.46 071 7538 320.00 $141.29 $437.82 $16.24 $214.83 072 7840 $320.00 $146.98 $455.45 16.89 $223.43 073 6207 $320.00 $116.35 $360.53 $13.37 $176.90 074 6391 $320.00 $119.79 371.21 $13.77 $182.15 075 6367 $320.00 $369.85 13.72 181.46 076 7696 $320.00 $144.30 $447.14 16.58 $219.30 077 9473 $320.00 $177.61 $550.37 20.40 $269.95 078 6658 $320.00 $124.83 386.80 14.34 189.72 079 6153 320.00 $115.36 $357.48 13.25 $175.35 080 6000 320.00 $112.46 $348.49 12.92 $170.97 81 6000 $320.00 $112.46 348.49 $12.92 $170.97 82 7024 $320.00 $131.66 $407.99 $15.13 $200.12 83 7455 $320.00 $139.76 $433.07 $16.06 $212.42 084 6892 $320.00 $129.20 $400.36 14.85 $196.42 document: \q\print\h4776.wbl 02-Jun-97 EXHIBIT"B"- PRORATED FEE OBLIGATIONS T-4776 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Fire Station Neighborhood Major Street Traffic Meter #14 Park# 5 Bridge C/D-2 Signal Lot Lot Amount Amount Amount Amount Amount No. Area Due Due Due Due Due 085 6892 $320.00 129.20 $400.36 $14.85 $196.42 086 7467 $320.00 $139.98 $433.75 16.08 $212.76 087 6998 $320.00 $131.17 $406.46 $15.07 199.43 88 7015 $320.00 $131.50 $407.48 $15.11 $199.86 089 6684 320.00 125.32 388.32 14.40 190.49 090 6600 $320.00 123.73 $383.41 $14.22 188.08 091 6610 320.00 123.90 383.92 14.24 188.34 092 7467 $320.00 $139.98 $433.75 $212.76 093 6892 $320.00 $129.20 $400.36 $14.85 196.42 094 6892 $320.00 $129.20 $400.36 $14.85 196.42 095 7455 $320.00 P39.76 $433.07 $16.06 $212.42 document:\q\print\h4776.wbl 02-Jun-97