HomeMy WebLinkAboutT-4787 - Agreement/Covenant - 8/16/2006 FRESNO COU TY, CALIFORNIA
J � 6fl ATINPAST M
Rerulwr°: CENTRAL TITLE COMPANY
CITY OF FRESNO
DEVEWPME re DEPAMMU SEP S 1997
2600 Fremo Stred
FRESNO CA 937213604 RLEX`` C 0 R M
FRESNO COUNTY,CALIFORNIA
WILLIAM C. GREENWOOD,County Recorder
FEE
lax r. RDER $
ABDI/f SPACE FOR RECORDER'S USE ..
APN: 502-020-34 CITY of FRESNO
Project ID: Final Tract Map No. 4787 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, LEO WILSON CO., 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. 4787 (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,
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
"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
reconfigurations 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
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
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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: 2.
'Ile I/
"l1
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
LEO WILSON CO., INC., a California
Corporation
By:
Alvin P. Solis, Director By:
Development Department Le A. Wilson, President
APPROVED AS TO FORM:
HILDA CANTO MO TOY
City o ey
(Covenantor: Attach Notary
By: 2-- Acknowledgements)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of d L I T-pAjV I A
County of Ajr)
On �- �$�q before me,
DATE NAME, TL OF OFFICER-E.G.,-JANE dOE,NOTARY PUBLIC-
pe ly appeared f7 �I��
NAME(S)OF SIGNER(S)
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 ac-
knowledged 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.
°F SHIRLEY LOWE
COMM. #1060413 -+ WI NESS my hand and official seal.
C7 NOTARY PUBLIC-CALIFORNIA `L
~ • FRESNO COUNTY
My Comm.Expires Ma 28, 1999
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TILE(S)
❑ PARTNER(S) ❑ LIMITED
El GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(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 #A 2 Q, 1997 before me, la.CLA personally appeared
° person know me (or proved to me on the basis
of satisfkbtory evi nce) to be the person who name 's ubscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the person on behalf of the CITY OF FRESNO of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By: 0 G-4
DE Y
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 13, 1990, in the office of the Fresno County Recorder Document No.
90028380 of which the Deed of Trust in by and between Regency-Wilson III, a California
Limited Partnership as Trustor, Union Bank, a California Corporation, as Trustee, and
Union 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 Map No. 4787.
DATED: , 19
UNION BANK, a California Corporation,
as Trustee and Beneficiary
By:
Ronald M. Dunn, Vice President
By:
Donald R. Reinhardt, Vice President
(Attach Notary Acknowledgement)
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on October 18, 1996, in the office of the Fresno County Recorder Document
No. 96140288 of which the Deed of Trust in by and between Leo Wilson Co., Inc., a
California corporation, as Trustor, Imperial Bancorp, a California corporation, as Trustee, and
Imperial 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 Map No. 4787.
DATED: '-s — / ((- , 1997
IMPERIAL BANK, a California Corporation,
as Beneficiary
Y�
(Attach Notary Acknowledgement)
ACKNOWLEDGEMENT
State of California )
SS.
County of Fresno )
On March 14, 1997 , before me, the undersigned, a Notary Public in and for
said State, personally appeared D.R. Reinhardt, Vice President of Imperial Bank,
a California corporation ,
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 tha he he/they executed the
same in(hi /her/their authorized capacity(ies), and that b his er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.
WITNESS my hand and official seal. MARIA IFIL PAYW—
COWL*Iomse C1
ca :t
� 1.2=
Notary Sign ure (Notary Seal)
MIS 329 E (3(96)
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 March 22, 1996, in the office of the Fresno County Recorder Document No.
96037744 of which the Deed of Trust in by and between Leo Wilson Co., Inc., a California
corporation as Trustor, Central Title Company, as Trustee, and Regency Service 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. 4787.
DATED: , 19ij
REGENCY SERVICE CORP.
B
Y•
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CC I I n� G--�
County of ebn
On �,I r 1 I before me, Nova v"01✓� W vUl U �b`
Date Name a1�byl nd Tile of icer(e.g.,'Jane ,Notary Publicy
personally appeared V I
)9�9rsonally
Names)of Si er(s)
known to me–OR–Elproved to me on the basis of satisfactory evidence to be the person)whose nameW is/.subscribed to the within instrument
and acknowledged to me that he/she they executed the
same in his/hg.d%k&authorized capacity(i>w),and that by
his/Iw/tkeir signatureW on the instrument the person(o,
or the entity upon behalf of which the persons acted,
MARY WALSH executed the instrument.
V OTARY PUBLIC CALIFORNIA
FRESNO COUNTY J
Coat,* ExPlr95MafCh21.11997 WITNESS my hand and official seal.
Sig ature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document '
Title or Type of Document: Ub v" � y/�� ft+LL4/\
Document Date: .J' �' I Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 10
EXHIBIT "A"
LEGAL DESCRIPTION of SUBJECT PROPERTY
Lots 1 through 33, inclusive, of Tract No. 4787 as recorded in Fresno County Records
in Volume , at Pages f0� f f, , on _ ��� � _, 199-
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 = $ N/A
B. Meters (flat rate cost basis only)
31 - 1.0 inch Meters @ $320.00/Meter = $ 9,920.00
2 - 1.5 inch Meters @ $470.00/Meter = $ 940.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
9.4951 Gross Acres @ $ 560 /GA = $ 5,317.26
Less TGM Credit = $ 0.00
Less TGM Credit (A.D.# 131) _ $ 23,047.77
Estimated Net Deferred UGM TGM Charge = $ -0-
D. Frontage Fee
Estimated Deferred Frontage Fee = $ -0-
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
9.4951 Gross Acres @ $ 240 /GA = $ 2,278.82
Less Oversize Credit = $ 0.00
Less Oversize Credit (A.D.# 131) _ $ 22,695.53
Estimated Net Deferred UGM OS Charge = $ -0-
B. Lateral Sewer Charge
Estimated Net Deferred Lateral Sewer Charge = $ -0-
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
9.4951 Gross Acres @ $ 547.00 /GA = $ 5,193.82
B. UGM Neighborhood Park Fee
Service Area: 5
9.4951 Gross Acres @ $1,695.00 GA = $ 16,094.19
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
9.4951 Net Adj Acres @ $1,930.00/NAA = $ 18,325.54
Less Major Street Credit = $ -0-
Less Major Street Credit (A.D.# 131) _ $ 35,241.13
Estimated Net Deferred Major Street Charge = $ -0-
E. UGM Major Street Bridge Charge
Service Area: C/D-2
9.4951 Net Adj Acres @ $ 65.00 /NAA = $ 617.18
F. UGM Traffic Signal Charge
9.4951 Net Adjusted Acres @ $ 860 /NAA = $ 8,165.79
Less Traffic Signal Credit (A.D.# 131) _ $ 2,374.29
Estimated Net Deferred Traffic Signal Charge = $ 5,791.50
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\covt4787 February 25, 1997
EXHIBIT"C'-- PRORATED FEE OBLIGATIONS
Water Fire Station Park Mayor Brig Traffic
Meter #14 #5 (C/D-2) Signal
Lot Lot Amount Amount Amount Amount Amount
No. Area Due Due Due Due Due
1 790 320.00 143.31 444.09 $17.03 $159.79
2 6300 T320.00 $114.21 $353.92 $13.57 127.37
3 6300 $320.00 $114.21 $353.92 $13.57 127.37
4 6300 $320.00 $114.21 $353.92 $13.57 127.37
5 6410 $320.00 $116.18 $360.02 $13.81 $129.60
6 8400 320.00 $152.28 $471.89 $18.10 169.76
7 18372 T470.00 333.01 $1,031.92 $39.57 371.35
8 12729 $470.00 $230.72 $714.95 $27.42 257.31
9 11149 $320.00 $202.12 $626.30 $24.02 $225.32
10 8890 320.00 $161.15 $499.35 $19.15 $179.74
11 8988 320.00 $162.95 $504.94 $19.36 181.72
12 8960 $320.00 $162.40 $503.25 $19.30 181.12
13 8573 $320.00 $155.40 $481.55 $18.47 $173.29
14 8334 $320.00 $151.08 $468.16 $17.95 168.47
15 8369 $320.00 $151.68 $470.02 $18.02 $169.16
k1i
6 8852 320.00 160.49 497.31 19.07 178.97
7 10116 320.00 183.35 568.16 21.79 204.51
8 9159 320.00 166.01 514.43 19.73 185.16
9 6104 $320.00 $110.66 $342.90 $13.15 123.41
20 6522 $320.00 $118.21 $366.29 $14.05 131.84
21 6177 $320.00 $111.97 $346.97 $13.31 $124.87
22 6590 $320.00 $119.46 370.19 $14.20 79 133.21
23 6590 $320.00 $119.46 $370.19 $14.20 $133.21
24 6544 $320.00 $118.64 $367.65 $14.10 132.27
25 7776 $320.00 140.96 436.80 $16.75 157.21
26 7088 $320.00 $128.49 $398.16 $15.27 143.28
27 6500 $320.00 $117.82 $365.10 $14.00 131.41
28 8838 $320.00 $160.22 $496.47 $19.04 $178.62
29 10092 T320.00 $182.92 $566.81 21.74 203.99
30 12274 320.00 222.52 689.53 26.44 248.11
31 10007 320,.00 181.39 562.06 21.55 202.27
32 12323 320.00 223.39 692.24 26.55 249.06
33 8983 320.00 162.84 504.60 19.35 181.55
document: \q\print\h4787.wbl 25-Feb-97