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HomeMy WebLinkAboutT-4852 - Agreement/Covenant - 8/16/2006 (2) C"FORMED COPD 0710212002,20020109666 '� . _!.., 's'rl{:3:..... ... ... . . . . .....ABOVE SPACE FOR RECORPER'5,.:. :ONL.Y.. APN: 507-030-18 CITY of FRESNO Final Map 4852 Planning and 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, LB/L-DS VENTURES FRESNO LLC, a Delaware 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 52, inclusive, of Final Tract Map No.4852 , in the City of Fresno, County of Fresno, State of California, according to the map thereof record don 2002 in Volume � , 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 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 Tract No. 4852, a Planned Development Page 2 C. WHEREAS, the conditions of approval of Vesting Tentative Tract No.4852 (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: 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 Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4852, a Planned Development Page 3 on the Subject Property in the manner established by the Planning and 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 Planning and 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 Planning and 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 Tract No. 4852, a Planned Development 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 newfee(s) is/are duly established by the City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Planning and 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. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4852, a Planned Development Page 5 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 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 Tract No. 4852, a Planned Development 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. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4852, a Planned Development Page 7 DATED: COVENANTOR CITY OF FRESNO, a Municipal Corporation LB/L-DS VENTURES FRESNO LLC a Delaware Limited Liability Company By: By: LB/L-DS VENTURES MASTER LLC Nickino, Director a Delaware Limited Liability Company Planni g and Development Its Member Depart ent By: LB/LAKESIDE CAPITAL PARTNERS LLC a Delaware Limited Liability Company Manager APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney By: Kelvin T. An yews, Representative By: Deputy B • . on W. Lee, Rpresentative Date:April 12, 2002 (Covenantor: Attach Notary Acknowledgment) CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On June 14th , 2002 before me, Elvia Sommerville personally appeared Nick P. Yovino, Planning and Development 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 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: DEPUTY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ooooy County of Los Angeles On April 30, 2002,before me,O.Arsenault,Notary Public Personally appeared Ronald W.Lee and Melvin T.Andrews ® personally known to me y ❑ proved to me on the basis of satisfactory evidence to be the persons whose names are y subscribed to the within instrument O. ARSENAULTy Commtssion#1=47T Z and acknowledged to me that they %mVCammE:#es0ct3X2M4 Notay lyric_ is � executed in the same of their authorizedLoa AngelesCouniy capacities,and that by their signatures on the instrument the persons, or the a entity upon behalf of which the persons d acted, executed the instrument. Wr? Sd and official seal e a 9 Place Notary Seat Above OPTIONAL r Though the information below is not required by law,it may prove valuable to persons relying on the t document and could prevent fraudulent removal and reattachment of this form to another document. is s Description of Attached Document 0 s d Title or Type of Document: Related to the City of Fresno s (DS Venture Fresno) s Document Date: Number of Pages: Tract No. 4852 P.W. File No. 10170 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 19,2001, in the office of the Fresno County Recorder, Document No. 2001-0084453, Official Records of which the Deed of Trust in by and between LB/L-DS Ventures Fresno LLC, a Delaware Limited Liability Company,as Trustor,Stewart Title of California, Inc.,a California Corporation, as Trustee and General Bank , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development for Certain Sewer Connection Charges,Water Connection Charges, Urban Growth Management Fees and Development Fees and Creation of Lien for Tract No. 4852, a Planned Development of Vesting Tentative Map Tract No. 4852/UGM 616. DATED: , 200 BENEFICIARY GENERALBANK By: 4 — 4/0 C By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 25, 2002 before me, Anna C. 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. ANNA C. LO Commisslon 0 13()4998 a Notary Public-California y�y Los Angeles County ATU OF NOTARY MY CWYM E*iml Jun 16,2005 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 (LB/L-DS Ventures Fresno LLC) Senior Vice President Subordination to CCR TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT -1- NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: General Bank SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT"A" 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) 52- 1.0 inch Meters @$ 320/Meter = $ 16.640.00 C. UGM Transmission Grid Main (TGM)Charge UGM Reimbursement Area: A 11.0696 Gross Acres @$ 560/GA =$ 6,198.98 Less TGM Credit( Estimated AD#131) =$ 6.198.98 Estimated Net Deferred UGM TGM Charge = $Paid w/Credits D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 11.0696 Gross Acres @$243.00/ac. _$ 2,689.91 Less TGM Bond Debt Service Credit =$ 0.00 Estimated Net Deferred TGM Bond Debt Service Charge = $ 2.689.91 E. Frontage Fee 1,190.75 Lineal Feet @$ 3.25/LF =$ 3.656.25 Estimated Deferred Frontage Fee =$ 3.656.25 F. 1994 Bond Debt Service Fee 201 1994 Bond Debt Service Area. 95 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 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: 15 117.575 Square Feet @$0.05/Sq. Ft = $ 5.878.75 Less Oversize Credit(Estimated) _ $ 0.00 Estimated Net Deferred UGM Oversize Charge = $ 6.203.75 B. Lateral Sewer Charge 117.575 Square Feet @$0.10/Sq Ft. _ $ 12.407.50 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. Wastewater Facilities Sewer Charge III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 14 11.0696 Gross Acres @$ 547.00 GA = $ 6,055.07 B. UGM Neighborhood Park Fee Service Area: 5 11.0696 Gross Acres @$ 1,695.00 GA =$ 18.762.97 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 9.5830 Net Adj Acres @$ 1,930.00 NAA =$18,495.19 Less Major Street Credit(Estimated AD#131) _$18,495.19 Estimated Net Major Street Charge = $ Paid w/Credits E. UGM Major Street Bridge Charge Service Area: C/D-2 9.5830 Net Adj Acres @$65.00/NAA = $ 622.90 F. UGM Traffic Signal Charge 9.5830 Net Adjusted Acres @$860/NAA =$8,241.38 Less Bridge Credit(Estimated AD#131) _$8,241.38 Estimated Net Traffic Signal Charge =$ Paid w/Credits G. UGM Grade Separation Charge Service Area: Net Adjusted Acres @$ /NAA =$ N/A H. UGM At-Grade Railroad Crossing Charge Service Area: C/D-1 9.5830 Net Adjusted Acres @$ 262/NAA =$ 3.557.33 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:\vrp51\14852exhibitA-revised April 5,2002 EXHIBIT"B"- PRORATED FEE OBLIGATIONS T-4852 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Sewer Sewer Fire Lot Lot Meter Frontage TGM Bond Lateral Oversize Station No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 001 6195 $320.00 $75.78 $55.74 $243.69 $121.84 $125.48 002 5750 $320.00 $70.34 $51.76 $226.18 $113.09 $116.51 003 5750 $320.00 $70.34 $51.76 $226.18 $113.09 $116.51 004 5922 $320.00 $72.44 $53.29 $232.95 $116.47 $119.96 005 5750 $320.00 $70.34 $51.76 $226.18 $113.09 $116.51 006 6213 $320.00 $76.00 $55.91 $244.40 $122.20 $125.86 007 6528 $320.00 $79.85 $58.76 $256.79 $128.39 $132.26 008 6071 $320.00 $74.26 $54.63 $238.81 $119.41 $122.97 009 7643 $320.00 $93.49 $68.79 $300.65 $150.32 $154.86 010 9992 $320.00 $122.23 $89.93 $393.05 $196.52 $202.44 011 7606 $320.00 $93.04 $68.45 $299.19 $149.60 $154.09 012 5487 $320.00 $67.12 $49.38 $215.84 $107.92 $111.15 013 j 5541 $320.00 $67.78 $49.86 $217.96 $108.98 $112.24 014 5550 $320.00 $67.89 $49.94 $218.32 $109.16 $112.41 015 5550 $320.00 $67.89 $49.94 $218.32 $109.16 $112.41 016 5550 $320.00 $67.89 $49.94 $218.32 $109.16 $112.41 017 6114 $320.00 $74.79 $55.02 $240.50 $120.25 $123.84 018 6346 $320.00 $77.63 $57.11 $249.63 $124.81 $128.55 019 5800 $320.00 $70.95 $52.20 $228.15 $114.08 $117.50 020 5800 $320.00 $70.95 $52.20 $228.15 $114.08 $117.50 021 5800 $320.00 $70.95 $52.20 $228.15 $114.08 $117.50 022 6786 $320.00 $83.01 $61.07 $266.94 $133.47 $137.46 023 5724 $320.00 $70.02 $51.52 $225.16 $112.58 $115.96 024 4950 $320.00 $60.55 $44.54 $194.71 $97.36 $100.27 025 4950 $320.00 $60.55 $44.54 $194.71 $97.36 $100.27 026 4950 $320.00 $60.55 $44.54 $194.71 $97.36 $100.27 027 4950 $320:00 $60.55 $44.54 $194.71 $97.36 $100.27 028 5581 $320.00 $68.27 $50.23 $219.54 $109.77 $113.06 029 5484 $320.00 $67.08 $49.35 $215.72 $107.86 $111.10 030 5139 $320.00 $62.86 $46.24 $202.15 $101.07 $104.09 031 5140 $320.00 $62.87 $46.27 $202.19 $101.09 $104.15 032 5139 $320.00 $62.86 $46.24 $202.15 $101.07 $104.09 033 5140 $320.00 $62.87 $46.27 $202.19 $101.09 $104.15 034 5693 $320.00 $69.64 $51.22 $223.94 $111.97 $115.31 035 5669 $320.00 $69.35 $51.03 $223.00 $111.50 $114.87 036 5148 $320.00 $62.97 $46.34 $202.50 $101.25 $104.31 037 5148 $320.00 $62.97 $46.34 $202.50 $101.25 $104.31 038 5148 $320.00 $62.97 $46.34 $202.50 $101.25 $104.31 document: \q\print\p4852 05-Apr-02 EXHIBIT"B"- PRORATED FEE OBLIGATIONS T-4852 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Sewer Sewer Fire Lot Lot Meter Frontage TGM Bond Lateral Oversize Station No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 039 5148 $320.00 $62.97 $46.34 $202.50 $101.25 $104.31 040 5728 $320.00 $70.07 $51.54 $225.32 $112.66 $116.02 041 5989 $320.00 $73.26 $53.90 $235.59 $117.79 $121.32 042 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 043 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 044 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 045 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 046 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 047 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 048 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 049 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 050 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 051 5380 $320.00 $65.81 $48.41 $211.63 $105.81 $108.96 052 6535 $320.00 $79.94 $58.81 $257.06 $128.53 $132.37 document: \q\print\p4852 05-Apr-02 EXHIBIT"B"- PRORATED FEE OBLIGATi'ONS Neighborhood Major At-Grade Lot Park Bridge R.R. X-ing No. Amount Amount Amount Due Due Due 001 $388.83 $12.91 $52.03 002 $361.04 $11.99 $48.31 003 $361.04 $11.99 $48.31 004 $371.71 $12.34 $49.75 005 $361.04 $11.99 $48.31 006 $390.02 $12.95 $52.19 007 $409.85 $13.60 $54.84 008 $381.04 $12.65 $50.99 009 $479.85 $15.93 $64.19 010 $627.32 $20.83 $83.94 011 $477.48 $15.85 $63.90 012 $344.42 $11.43 $46.09 013 $347.81 $11.55 $46.56 014 $348.32 $11.56 $46.61 015 $348.32 $11.56 $46.61 016 $348.32 $11.56 $46.61 017 $383.75 $12.74 $51.35 018 $398.33 $13.23 $53.32 019 $364.09 $12.09 $48.73 020 $364.09 $12.09 $48.73 021 $364.09 $12.09 $48.73 022 $425.95 $14.14 $57.01 023 $359.34 $11.93 $48.08 024 $310.69 $10.32 $41.58 025 $310.69 $10.32 $41.58 026 $310.69 $10.32 $41.58 027 $310.69 $10.32 $41.58 028 $350.36 $11.63 $46.87 029 $344.25 $11.43 $46.06 030 $322.56 $10.71 $43.18 031 $322.73 $10.71 $43.18 032 $322.56 $10.71 $43.18 033 $322.73 $10.71 $43.18 034 $357.31 $11.86 $47.82 035 $355.95 $11.82 $47.63 036 $323.24 $10.73 $43.26 037 $323.24 $10.73 $43.26 038 $323.24 $10.73 $43.26 document: \q\print\p4852 05-Apr-02 EXHIBIT"B"-PRORATED FEE OBLIGATIONS Neighborhood Major At-Grade Lot Park Bridge R.R. X-ing No. Amount Amount Amount Due Due Due 039 $323.24 $10.73 $43.26 040 $359.51 $11.93 $48.10 041 $375.95 $12.48 $50.30 042 $337.64 $11.21 $45.20 043 $337.64 $11.21 $45.20 044 $337.64 $11.21 $45.20 045 $337.64 $11.21 $45.20 046 $337.64 $11.21 $45.20 047 $337.64 $11.21 $45.20 048 $337.64 $11.21 $45.20 049 $337.64 $11.21 $45.20 050 $337.64 $11.21 $45.20 051 $337.64 $11.21 $45.20 052 $410.19 $13.62 $54.89 document: \q\print\p4852 05-Apr-02