HomeMy WebLinkAboutT-4837 - Agreement/Covenant - 8/16/2006 (2) ' tdUb2 ? 83 r�� ��pTTLt
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CITY OF FRESNO APR 15 1998
DEVEMimVf DT�AR1TtI1Vf
2600 Fanoo Stred
3 FRESNO COUNTY, CALIFORNIA
COPY WILLIAM C. GREENWOOD, County Recorder
FRESNO CA 93721-3600
Donita Ghimenti I FEE
ABOVE SPACE FOR RECORDER'S U
APN: 404-072-01, -02, -03 CITY of FRESNO
Project ID: Final Tract Map No. 4837 Development Department
Phase II: Tentative Tract No. 4738 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, N.T. HILL, INC., a California Corporation dba R.J. HILL Co., 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 6, inclusive, and lots 11 through 53, inclusive, of Final Tract Map No.
4837, in the City of Fresno, County of Fresno, State of California, according to the map thereof
recorded on APR 1J 1998 , 199_, in Volume G of Plats at Pages ,
and 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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
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. 4738 (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.
NOW, THEREFORE, the Covenantor hereby covenants as follows:
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 deferred Fees for that lot, parcel, unit or building shall be paid in
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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 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 alien 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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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 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 FRES COVENANTOR
a Municipal Co on N.T. HILL, INC., a California
Corporation dba R.J. HILL Co.
By: r1J
P. Solis, Director
Development Department /
Randy J. residen
APPROVED AS TO FORM:
HILDA CANTO MON OY
City Attorney
y: (Covenantor: Attach Notary
Dep6y Acknowledgments)
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- Aril 7th . 1998 before me, Jocelyne Gueret personally appeared
Alvin P. Solis, Director of Dev. Department 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
B /T oevi
y:
DEPU
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County Of Fresno
On March 19 1998before me, Pamela M. CookUATr—
,
personally appeared Randy J. Hill
Q personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence)to be the person(s) whose name(s) is/aft NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged to me that he/sl%Ah4f executed
the same in his/F a t, ir authorized capacity(ies),
and that by his/Wdt1=lr signature(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument. .�°;'N� PAMELA M.COOK
r COMM.#1051591 al
a: • NOTARY PUBLIC-CALIFORNIA
WI ESS my hand and official seal. m -w PRINCIPAL OFFICE IN 37
m FRESNO COUNTY -+
,L,,,„�� My ComrrJosion Exp.Feb.13,1999
ame a oo
The data below is not required by law. though k may prove valuable to parsons relying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
[Rx CORPORATE OFFICER President
TITLE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S) NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
WM or"ReoNm oa ONMYOM
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Lots 7 - 10, 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-l/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)
49 - 1.0 inch Meters @ $320.00/Meter = $ 15,680.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
13.0274 Gross Acres @ $ 560 /GA = $ 7,295.34
Less TGM Credit = $ 13,645.00
Estimated Net Deferred UGM TGM Charge = $Paid w/Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
13.0274 Gross Acres @ $243.00/GA = $ 3.156.66
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ N/A*
* Not Applicable for 2 years after map recordation, then due at
Building Permit for all undeveloped lots.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 10
E. Frontage Fee
417.68 Lineal Feet @ $ 3.25 /LF= $ 1,357.46
858.69 Lineal Feet @ $ 3.25 /LF= $ 1790.74
Estimated Deferred Frontage Fee = $ 3,323.71
F. 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Area.
53 Units @ $ 895.00/Unit = $ 43,855.00
G. 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
II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES*
A. UGM Oversize Sewer Charge
UGM Reimbursement Area: 1
13.0274 Gross Acres @ $ 240 /GA = $ 3,126.58
Less Oversize Credit = $ 2,438.00
Less Oversize Credit = $ 3,900.00
Estimated Net Deferred UGM Oversize Charge = $Paid w/Credits
B. Lateral Sewer Charge
417.68 Lineal Feet @ $ 5.00/LF = $ 2,088.40
858.69 Lineal Feet @ $ 5.00/LF = $ 4,293.45
Estimated Deferred Lateral Fee = $ 5,113.40
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: 13
13.0274 Gross Acres @ $ 251.00 /GA = $ 2,946.52
B. UGM Neighborhood Park Fee
Service Area: 7
13.0274 Gross Acres @ $ 1,690.00 /GA = $ 19,839.08
C. UGM Trunk Sewer Fee (Res 83-40)
Service Area:
Gross Acres @ $ /GA = $ N/A
D. UGM Major Street Charge
Service Area: F
11.1250 Net Adj Acres @ $ 2,500.00 NAA = $ 27,812.50
Less Major Street Credit = $ 79,556.00
Net Major Street Charge = $Paid w/Credits
E. UGM Major Street Bridge Charge
Service Area: F
11.1250 Net Adj Acres @ $ 50.00/NAA = $ 556.25
Net Major Street Bridge Charge = $ 501.24
F. UGM Traffic Signal Charge
11.1250 Net Adjusted Acres @ $ 860 NAA = $ 9,567.50
Less Traffic Signal Credit = $ 6,282.00
Net Traffic Signal Charge = $ 2,960.57
G. UGM Grade Separation Charge
Service Area: E-4-A
Net Adjusted Acres @ $_145.00 NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: A-D
11.1250 Net Adjusted Acres @ $ 236.00/NAA = $ 2,365.85
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
Dowmenl:lwp5I\defeaelloovt4837 February 9,1998
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-4837 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Water -'Water Sewer Fire Neighborhood
Lot Lot Meter Frontage Bond Debt Lateral Station Park
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
1 7200 $320.00 195.00 $895.00 $300.00 $62.10 $418.11
2 7200 $320.00 $195.00 $895.00 $300.00 $62.10 $418.11
3 7200 $320.00 $195.00 $895.00 $300.00 $62.10 $418.11
4 7200 $320.00 $195.00 $895.00 $300.00 $62.10 $418.11
5 7095 $320.00 $195.00 $895.00 $300.00 $61.19 $412.02
6 10707 $320.00 $382.46 $895.00 $588.40 $92.34 $621.75
7 14088 Paid Paid Paid Paid Paid Paid
8 8841 Paid Paid Paid Paid Paid Paid
9 7245 Paid Paid Paid Paid Paid Paid
10 7320 Paid Paid Paid Paid Paid Paid
11 7320 $320.00 $195.00 $895.00 $300.00 $63.13 $425.03
12 7320 $320.00 $195.00 $895.00 $300.00 $63.13 $425.03
13 7320 $320.00 $195.00 $895.00 $300.00 $63.13 $425.03
14 8405 $320.00 $315.25 $895.00 $485.00 $72.49 $488.07
15 9058 $320.00 $331.50 $895.00 $510.00 $78.11 $525.93
16 7323 $320.00 $195.07 $895.00 $300.10 $63.15 $425.20
17 11971 $320.00 $383.05 $895.00 $589.30 $103.24 $695.10
18 12154 $320.00 $156.39 $895.00 $240.60 $104.82 $705.74
19 7283 $320.00 $0.00 $895.00 $0.00 $62.80 $422.84
20 7107 $320.00 $0.00 $895.00 $0.00 $61.29 $412.70
21 6180 $320.00 $0.00 $895.00 $0.00 $53.29 $358.79
22 1 6180 $320.00 $0.00 $895.00 $0.00 $53.29 $358.79
23 7107 $320.00 $0.00 $895.00 $0.00 $61.29 $412.70
24 6180 $320.00 $0.00 $895.00 $0.00 $53.29 $358.79
25 6487 $320.00 $0.00 $895.00 $0.00 $55.95 $376.70
26 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
27 1 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
28 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
29 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
30 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
31 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
32 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
33 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
34 6464 $320.00 $0.00 $895.00 $0.00 $55.75 $375.35
35 6446 $320.00 $0.00 $895.00 $0.00 $55.60 $374.34
36 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
37 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
38 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
aomww*WWp4 7.wW 09- eb-M
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Major is At-Grade
Lot Bridge Signal RR- ing
No. Amount Amount Amount
Due Due Due
7
2 $10.57 $62.42 $49.87
3 $10.57 $62.42 $49.87
4 $10.57 $62.42 $49.87
5 $10.41 $61.49 $49.14
6 $15.71 $92.81 $74.15
7 Paid Paid Paid
8 Paid Paid Paid
9 Paid Paid Paid
10 Paid Paid Paid
11 $10.74 $63.44 $50.69
12 $10.74 $63.44 $50.69
13 $10.74 $63.44 $50.69
14 $12.33 $72.81 $58.20
15 $13.29 $78.51 $62.73
16 $10.75 $63.48 $50.72
17 $17.57 $103.77 $82.91
18 $17.83 $105.30 $84.16
19 $10.69 $63.11 $50.43
20 $10.43 $61.55 $49.21
21 $9.07 $53.52 $42.79
22 $9.07 $53.52 $42.79
23 $10.43 $61.55 $49.21
24 $9.07 $53.52 $42.79
25 $9.52 $56.17 $44.91
26 $8.81 $52.03 $41.56
27 $8.81 $52.03 $41.56
28 $8.81 $52.03 $41.56
29 $8.81 $52.03 $41.56
30 $8.81 $52.03 $41.56
31 $8.81 $52.03 $41.56
32 $8.81 $52.03 $41.56
33 $8.81 $52.03 $41.56
34 $9.49 $56.04 $44.77
35 $9.46 $55.82 $44.63
36 $8.81 $52.03 $41.56
37 $8.81 $52.03 $41.56
38 $8.81 $52.03 $41.56
aoam«,r W0rWp4W7.wb8 09-F.n.9e
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
T-4837 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
ater ater ater ewer ire ei or o0
Lot Lot Meter Frontage Bond Debt Lateral Station Park
No. Area Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due
39 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
40 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
41 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
42 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
43 6000 $320.00 $0.00 $895.00 $0.00 $51.76 $348.48
44 6501 $320.00 $0.00 $895.00 $0.00 $56.07 . $377.55
45 7572 $320.00 $0.00 $895.00 $0.00 $65.31 $439.74
46 6758 $320.00 $0.00 $895.00 $0.00 $58.28 $392.42
47 1 6752 $320.00 $0.00 $895.00 $0.00 $58.23 $392.08
48 6746 $320.00 $0.00 $895.00 $0.00 $58.18 $391.74
49 6740 $320.00 $0.00 $895.00 $0.00 $58.13 $391.40
50 6734 $320.00 $0.00 $895.00 $0.00 $58.08 $391.07
51 6728 $320.00 $0.00 $895.00 1 $0.00 $58.03 $390.73
52 6722 $320.00 $0.00 $895.00 $0.00 $57.98 $390.39
53 7487 1 $320.00 $0.00 $895.00 $0.00 $64.58 $434.84
dMoW t 4p*tp4N7.wW o9-F.Dee
EXHIBIT "B" -- PRORATED FEE OBLIGATIONS
Major Traffic At- a e
Lot Bridge Signal RR- ing
No. Amount Amount Amount
Due Due Due
39 $8.81 $52.03 $41.56
40 $8.81 $52.03 $41.56
41 $8.81 $52.03 $41.56
42 $8.81 $52.03 $41.56
43 $8.81 $52.03 $41.56
44 $9.54 $56.37 $45.03
45 $11.11 $65.63 $52.44
46 $9.92 $58.56 $46.80
47 1 $9.91 $58.49 $46.75
48 $9.90 $58.42 $46.70
49 $9.89 $58.43 $46.68
50 $9.88 $58.36 $46.63
51 $9.87 $58.29 $46.59
52 $9.86 $58.21 $46.54
53 $10.99 $64.89 $51.85
ammw t lq�7.wc3 09-Fsb.9e