HomeMy WebLinkAboutT-4840 - Agreement/Covenant - 8/16/2006 (2) MPv
• MMURN TO:
CITY OF FRESNO
nJENTDEPARTAIENT PLEASE C01�F O rt1il
2M Frano Sired
FRESNO CA 93721-3604 02/22/1999,19990026782
ABOVS SPAM 'F4R REC0RDZRS USE
APN: 509-010-07 CITY of FRESNO
Project ID: Final Tract Map No. 4840 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, FRESNO INDUSTRIAL PARK LLC, a California 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 38, inclusive, of Final Tract Map No. 4840, in the City f Fresno, County of
Fresno, State of California, according to the map thereof recorded on 7— , 199-9- in
Volume of Plats at Pages and esno 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 part of this
instrument; and
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 2
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4567 (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, "Ordinance`s 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:
COVENANTS, CONDITIONS, AND RESTRICTIONS
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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 full at the time the Covenantor or successors and assigns requests the issuance of a
Certificate of Occupancy.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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
days.
8. Covenantor hereby waives any claim that the provisions of this covenant violate
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
Government Code Section 65 96 1.
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 6
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: El T4199
CITY OF FRESNO, COVENANTOR
a Municipal Corpo ation
FRESNO INDUSTRIAL PARK LLC, a
California Limited Liability Company,
By:
Alvin P. Solis, Director By: Fresno Supreme, Inc., a California
Development Department Corporation, as Manager
APPROVED AS TO FORM: By: ' �-
Hubert Hoffman,
HILDA CANTU ONTOY President and Secretary
City Atto
By: The Roz Group, Inc., a California
Corporation, formerly known as
By: Bargain Homes, Inc., as Man r
Deputy
By:
Vir zno , President
By:
tanley L. Sp o etary
(Covenantor: Attach Notary
Acknowledgments)
A C K N O W L C [D G M C N T
State of California
ss.
County of Fresno
On January 21, 1999 , before me, Edmund W. Bergthold, Notary Public,
Dale Name and Tkle of Officer(e.g.,'Jane Doe,Notary Pudic)
Personally appeared Hubert Hoffman, Victor Roznovsky and Stanley Spano,
Personally known to me to be the persons whose
names are subscribed to the within instrument and
acknowledged to me that they executed the same in
their authorized capacities, and that by their
signatures on the instrument the persons, or the
entity upon behalf of which the persons acted,
executed the instrument.
EDMUND W.BHtGTHOLD
Commission.*1196325
�
m WITNESS my hand and official seal.
County
qVMVC"=-B0WSdP1�2YA2
C_.Q-_��
Place Notary Sear Above Signature of Notary Pudic
O P T 1 0 N A L
Description of Attached Document
Title or Type of Document: Statement of Covenants Affecting Land Development
Tract 4840, Sewer&Water Connection Deferments
Document Date: ""21JAN99""
Number of Pages: "13"" including this acknowledgement.
Signer(s)Other Than Named Above: Alvin P. Solis and Hilda Cantu-Montoy
Capacities Claimed by Signers
Signer Capacity Representing Position
Hubert Hoffman President&Secretary Fresno Supreme, Inc. Manager, Fresno Industrial Park, LLC
Victor Roznovsky President The Roz Group, Inc. Manager, Fresno Industrial Park, LLC
Stanley Spano Secretary The Roz Group, Inc.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 8
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On Fahr»arU loth , 1999before me, Jocelyne Gueret personally appeared, Alvin P. Solis,
Development Department Director, 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 thathe/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 the
City of Fresno which the person(s) acted, executed the instrument.
WITNESS my hand and official city seal.
REBECCA E. KLISCH
CITY CLERK
t"
By
UT
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 January 30, 1998, in the office of the Fresno County Recorder as Document No.
98012836 and modified per Instrument recorded on October 2, 1998 as Document No. 98143155
of which the Deed of Trust in by and between Birchwood Estates,a California General Partnership,
as Trustor and Imperial Bank,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. 4840.
DATED: January 14 19 99
Imperial Bank, a California Corporation, as
Beneficiary
By:
D. R. Reinhardt, Vice-President
By:
osep Cantane e, Senior Vice President
(Attach Notary Acknowledgment)
ACKNOWLEDGEMENT
State of California )
SS.
County of Fresno )
On January 14, 1999 , before me, the undersigned, a Notary Public in and for
said State, personally appeared D.R. Reinhardt and Joseph C. Cantanese
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s)4,/are subscribed to the within instrument and acknowledged to me that he/-9-he/they executed the
same in F4#1-ter/their authorized capacity(ies), and that by kisfher/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. �.�+...
1 ;_..: MARIA R.PAYNEE
1 NdCOW#109=9 H
ca
to) 0MY MAY 1.2= ••
Notary Signat a (Notary Seal)
MIS 329 E (3/96)
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1/UGM-
1. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only)
_-_ inch Services @ $_/Service = $ N/A
B. Meters (flat rate cost basis only)
38 - 1.0 inch Meters @ $320.00/Meter = $ 12,160.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
11.0290 Gross Acres @ $ 560 /GA = $ 6,176.24
Less TGM Credit = $ 14,805.00
Estimated Net Deferred UGM TGM Charge = $ Paid w/ Credits
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
11.0290 Gross Acres @ $243.00 /ac. _ $ 2,680.05
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 2,680.05
E. Frontage Fee
Estimated Deferred Frontage Fee = $ 0.00
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
38 Units @ $0.00 /Unit = $ 0.00
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
I 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: 18
11.0290 Gross Acres @ $ 240 /GA = $ 2,646.96
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 2.646.96
B. Lateral Sewer Charge
Estimated Deferred Lateral Fee = $ 0.00
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. Wastewater Facilities Sewer Charge
III. URBAN GROWTH MANAGEMENT FEES
A. UGM Fire Station Fee
Service Area: 14
11.0290 Gross Acres @ $ 547.00 /GA = $ 6,032.86
B. UGM Neighborhood Park Fee
Service Area: 5
11.0290 Gross Acres @ $ 1,695.00 /GA = $ 18,694.16
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
9.3864 Net Adj Acres @ $ 1,930.00 /NAA = $ 18,115.75
Less Major Street Credit = $ 19,032.00
Net Major Street Charge = $ Paid w/ Credits
E. UGM Major Street Bridge Charge
Service Area: C/D-2
9.3864 Net Adj Acres @ $ 65.00 /NAA = $ 610.12
F. UGM Traffic Signal Charge
9.3864 Net Adjusted Acres @ $ 860/NAA = $ 8,072.30
G. UGM Grade Separation Charge
Service Area: E-4-A
Net Adjusted Acres @ $ 345.00 /NAA = $ N/A
H. UGM At-Grade Railroad Crossing Charge
Service Area: C/D-1
9.3864 Net Adjusted Acres @ $ 262.00 /NAA = $ 2,459.24
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\deferrtal\oovt4840 October 2,1998
f EXHIBIT"B"-PRORATED FEE OBLIGATIONS
T-4840 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT
Water Sewer Fire Neighborhood Major Traffic At-Grade
Lot Lot Meter Oversize Station Park Bridge Signal RR-Xing
No. Area Amount Amount Amount Amount Amount Amount Amount
Due Due Due Due Due Due Due
$227.66 $705.461
2 8713 $320.00 $75.72 $172.58 $534.77 $17.45 $230.91 $70.35
3 7800 $320.00 $67.78 $154.47 $478.67 $15.63 $206.74 $62.98
4 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
5 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
6 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
7 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
8 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
9 7719 $320.00 $67.08 $152.89 $473.75 $15.46 $204.59 $62.33
10 7719 $320.00 $67.08 $152.89 $473.75 $15.46` $204.59 $62.33
11 8466 $320.00 $73.56 $167.66 $519.52 $16.96 $224.37 $68.36
12 10961 $320.00 $95.26 $217.10 $672.75 $21.96 $290.51 $88.50
13 10092 $320.00 $87.70 $199.87 $619.35 $20.22 $267.46 $81.48
14 8493 $320.00 $73.80 $168.20 $521.21 $17.01 $225.06 $68.57
15 7488 $320.00 $65.06 $148.29 $459.51 $15.00 $198.40 $60.44
16 7107 $320.00 $61.75 $140.74 $436.12 $14.23 $188.34 $57.38
17 6718 $320.00 $58.37 $133.03 $412.22 $13.46 $178.02 $54.23
18 6309 $320.00 $54.82 $124.93 $387.14 $12.64 $167.18 $50.93
19 7292 $320.00 $63.36 $144.41 $447.48 $14.61 $193.24 $58.87
20 10130 $320.00 $88.03 $200.64 $621.73 $20.29 $268.41 $81.77
21 10839 $320.00 $94.18 $214.64 $665.12 $21.71 $287.24 $87.51
22 10828 $320.00 $94.08 $214.42 $664.44 $21.69 $286.98 $87.43
23 10708 $320.00 $93.05 $212.07 $657.15 $21.45 $283.80 $86.46
24 7798 $320.00 $67.75 $154.42 $478.50 $15.62 $206.66 $62.96
25 6223 $320.00 $54.07 $123.24 $381.88 $12.47 $164.95 $50.25
26 8456 $320.00 $73.49 $167.49 $519.01 $16.94 $224.12 $68.28
27 8514 $320.00 $73.99 $168.64 $522.57 $17.06 $225.66 $68.75
28 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
29 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
30 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
31 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
32 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
33 6300 $320.00 $54.74 $124.77 $386.63 $12.62 $166.93 $50.85
34 6946 $320.00 $60.36 $137.57 $426.29 $13.91 $184.04 $56.07
35 7717 $320.00 $67.06 $152.83 $473.58 $15.46 $204.51 $62.30
36 5812 $320.00 $50.50 $115.09 $356.63 $11.64 $154.03 $46.92
37 8921 $320.00 $77.52 $176.68 $547.49 $17.87 $236.41 $72.02
38 8953 $320.00 $77.81 $177.34 $549.52 $17.93 $237.27 1 $72.29
document:\q\pdnt\p4840 05-Feb-99