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HomeMy WebLinkAboutT-4902 - Agreement/Covenant - 8/14/2006 (2) CONFORMED COPY ��-M: CITY OF FRESNO j0i16r2000,20000327399 DEVELOPMENT DEPARTMENT 2600 FRESNO STREET FRFSNO•CA 93721-3604 APN: 316-021-88, -89 CITY of FRESNO Final Tract Map 4920 Development Department Phase III of Tentative Map 4570 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, Granville Homes, 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 as follows and by this reference made part of this Statement of Covenants: Lots 1 through 100, inclusive, of Final Tract Map No. 4902, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on O , 2000 in Volume 6`-, of Plats at Pages 3 , 32- and 3 3 , 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 . 9 Statement of Covenants Deferring Fees and Creation of Lien Page 2 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.4570 (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 Statement of Covenants Deferring Fees and Creation of Lien Page 3 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 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 • s Statement of Covenants Deferring Fees and Creation of Lien Page 4 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. 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 Statement of Covenants Deferring Fees and Creation of Lien Page 5 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 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 Statement of Covenants Deferring Fees and Creation of Lien Page 6 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 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. i Statement of Covenants Deferring Fees and Creation of Lien Page 7 DATED: -�5Pao l&l1�i' z�.Zadv CITY OF FRESNO, COVENANTOR a Municipal Corporation Granville Homes, Inc., a California corp n By: P. Yovino, Director i D elopment Department y. Farid ssemi, President APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy (Covenantor: Attach Notary Acknowledgements) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. I County of I I On Fbf, 10(J , before me, 1�,1,) d l fy7 D to Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared S t'r(\,l , Name(s)of Signer(s) epersonally known to me I ❑ proved to me on the basis of satisfactory evidence I� �I SUSAN t, sOtUNO to be the person(s) whose name(s) is/are Commb0brI#1238169subscribed to the within instrument and Notary pUbk-CMWOM10 acknowledged to me that he/she/they executed Ram County the same in his/her/their authorized *Cornm.F0w0C116,ZMi 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. I I WITNESS my hand and official seal. >11\ Q I DV-f- /' \ ) Place Notary Seal Above Signature of Notary Public I I I 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: Document Date: Number of Pages: I � Signer(s) Other Than Named Above: I Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I � I Signer Is Representing: I� 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Statement of Covenants Deferring Fees and Creation of Lien Page 8 CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On 10/3 , 2000 before me, Jocelyne Gueret, Deputy City Clerk personally appeared N; rk P- ynu; nn 0nP_ aal ni meth nei atment nirector 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: 6 1 A H DEP EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Project Zoning: R-1/1JGM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) _-_ inch Services @ $ /Service = $ N/A B. Meters (flat rate cost basis only) 91 - 1 inch Meters @ $ 320.00/Meter = $ 29,120.00 9 - 1.5 inch Meters @ $ 470.00/Meter = $ 4,230.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: D 29.8578 Gross Acres @ $ 560 /GA = $ 16,720.37 Less TGM Credit = $ 66,569.00 Estimated Net Deferred UGM TGM Charge = $ Paid w/ Credits D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 29.8578 Gross Acres @ $243.00/ac. = $ 7,255.45 Less TGM Bond Debt Service Credit = $ 0.00 Estimated Net Deferred TGM Bond Debt Service Charge = $ ** Subject to vesting tentative map date, fee may not be applicable until 2 years after date of Final Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. E. Frontage Fee Lineal Feet @ $ 6.50 ALF = $ N/A Estimated Deferred Frontage Fee = $ N/A F. 1994 Bond Debt Service Fee 501 1994 Bond Debt Service Area. 100 Units @ $244.00/Unit = $ 24,400.00 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: 35 234,343 Sq Ft. @ $0.05/Sq Ft. _$ 11,717.15 Less Estimated Oversize Credit = $ 3,242.00 Less Estimated Over-depth Credits = $ 5,210.00 Estimated Net Deferred UGM Oversize Charge = $ 3,265.15 B. Lateral Sewer Charge Square Feet @ $0.10/Sq Ft. _ $ N/A 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: 15 29.8578 Gross Acres @ $ 605.00/GA = $ 18,063.97 B. UGM Neighborhood Park Fee Service Area: 2 29.8578 Gross Acres @ $ 1,650.00/GA = $ 49,265.37 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: D-1/E-1 27.1114 Net Adj Acres @ $ 2,180.00/NAA= $ 59,102.85 Less Estimated Major Street Charge Credits = $_171,304.00 Estimated Net Major Street Charge = $ Paid w/ Credits E. UGM Major Street Bridge Charge Service Area: D-1/E-1 27.1114 Net Adj Acres @ $ 210.00 /NAA = $ 5,693.39 F. UGM Traffic Signal Charge 27.1114 Net Adjusted Acres @ $ 860/NAA =$ 23,315.80 Less Estimated Traffic Signal Charge Credits = $ 115,000.00 Estimated Net Traffic Signal Charge =$ Paid w/Cedits 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\covt.4920 June 21,2000 EXHIBIT"B"-- PRORATED FEE OBLIGATIONS T-4902 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water 5ewer Fire Neighborhood Major Lot Lot Meter Bond Debt Oversize Station Park Bridge No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 001 8696 320.00 $244.00 $32.29 $178.66 $487.25 $56.30 002 8450 $320.00 $244.00 $31.38 $173.57 $473.39 $54.70 003 8450 $320.00 $244.00 $31.38 $173.57 $473.39 $54.70 004 8450 $320.00 $244.00 $31.38 $173.57 $473.39 $54.70 005 9708 $320.00 $244.00 $36.05 $199.41 $543.84 $62.85 006 14565 $470.00 $244.00 $54.08 $299.23 $816.09 $94.31 007 10572 $320.00 $244.00 $39.26 $217.20 $592.35 $68.46 008 7638 $320.00 $244.00 $28.36 $156.94 $428.01 $49.46 009 7670 $320.00 $244.00 $28.48 $157.54 $429.66 $49.67 010 7670 $320.00 $244.00 $28.48 $157.54 $429.66 $49.67 011 9441 $320.00 $244.00 $35.06 $193.96 $528.99 $61.13 012 12979 $470.00 $244.00 $48.20 $266.62 $727.16 $84.04 013 8773 $320.00 $244.00 $32.58 $180.23 $491.54 $56.80 014 7474 $320.00 $244.00 $27.75 $153.55 $418.77 $48.38 015 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 016 6900 $320.00 $244.00 $25.62 $141.75 $386.60 $44.67 017 8050 $320.00 $244.00 $29.89 $165.35 $450.95 $52.12 018 6900 $320.00 $244.00 $25.62 $141.75 $386.60 $44.67 019 6900 $320.00 $244.00 $25.62 $141.75 $386.60 $44.67 020 7461 $320.00 $244.00 $27.71 $153.25 $417.94 $48.30 021 8688 $320.00 $244.00 $32.26 $178.48 $486.75 $56.26 022 j 14693 $470.00 $244.00 $54.56 $301.83 $823.19 $95.13 023 15476 $470.00 $244.00 $57.47 $317.93 $867.08 $100.21 024 8184 $320.00 $244.00 $30.39 $168.13 $458.54 $52.98 025 '8044 $320.00 $244.00 $29.87 $165.23 $450.62 $52.08 026 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 027 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 028 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 029 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 030 8120 $320.00 $244.00 $30.15 $166.80 $454.90 $52.58 031 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 032 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 033 8131 $320.00 $244.00 $30.19 $167.04 $455.56 $52.65 034 8188 $320.00 $244.00 $30.40 $168.19 $458.70 $53.02 035 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 036 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 037 8120 $320.00 $244.00 $30.15 $166.80 $454.90 $52.58 038 7540 $320.00 $244.00 1 $28.00 $154.88 $422.40 1 $48.83 document:\q\print\h490216-Aug-00 • EXHIBIT"B" -- PRORATED FEE OBLIGATIONS T-4902 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Sewer Fire Neighborhood Major Lot Lot Meter Bond Debt Oversize Station Park Bridge No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 039 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 040 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 041 7540 $320.00 $244.00 $28.00 $154.88 $422.40 $48.83 042 8044 $320.00 $244.00 $29.87 $165.23 $450.62 $52.08 043 8955 $320.00 $244.00 $33.25 $183.98 $501.77 $57.98 044 8450 $320.00 $244.00 $31.38 $173.57 $473.39 $54.70 045 8450 $320.00 $244.00 $31.38 $173.57 $473.39 $54.70 046 10101 $320.00 $244.00 $37.51 $207.52 $565.95 $65.39 047 15,383 $470.00 $244.00 $57.12 $315.99 $861.80 $99.60 048 9,357 $320.00 $244.00 $34.75 $192.21 $524.21 $60.59 049 8066 $320.00 $244.00 $29.95 $165.71 $451.94 $52.23 050 7942 $320.00 $244.00 $29.49 $163.17 $445.01 $51.43 051 942 $320.00 $244.00 $35.14 $194.39 $530.15 $61.26 052 15037 $470.00 $244.00 $55.84 $308.91 $842.49 $97.36 053 10407 $320.00 $244.00 $38.64 $213.81 $583.11 $67.39 054 8,363 $320.00 $244.00 $31.05 $171.82 $48.60 $54.16 055 8365 $320.00 $244.00 $31.06 $171.82 $468.60 $54.16 056 8,374 $320.00 $244.00 $31.10 $172.00 $469.10 $54.22 057 7746 $320.00 $244.00 $28.76 $159.12 $433.95 $50.15 058 9056 $320.00 $244.00 $33.63 $186.04 $507.38 $58.63 059 8437 $320.00 $244.00 $31.33 $173.33 $472.73 $54.62 060 9141 $320.00 $244.00 $33.94 $187.79 $512.16 $59.18 061 9853 $320.00 $244.00 $36.59 $202.43 $552.09 $63.80 062 17573 $470.00 $244.00 $65.25 $361.00 $984.55 $113.78 063 13645 $470.00 $244.00 $50.67 $280.30 $764.45 $88.35 064 8776 $320.00 $244.00 $32.59 $180.29 $491.70 $56.83 065 9107 $320.00 $244.00 $33.82 $187.07 $510.18 $58.97 066 8717 $320.00 $244.00 $32.37 $179.08 $488.40 $56.45 067 9222 $320.00 $244.00 $34.24 $189.43 $516.62 $59.70 068 9169 $320.00 $244.00 $34.05 $188.34 $513.65 $59.37 069 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 070 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 071 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 072 8050 $320.00 $244.00 $29.89 $165.35 $450.95 $52.12 073 6900 $320.00 $244.00 $25.62 $141.75 $386.60 $44.67 074 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 075 8050 $320.00 $244.00 $29.89 $165.35 $450.95 $52.12 076 6900 $320.00 $244.00 $25.62 $141.75 $386.60 $44.67 document:\q\print\h490216-Aug-00 EXHIBIT 13"-- PRORATED FEE OBLIGATIONS T-4902 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Sewer Fire Neighborhood Major Lot Lot Meter Bond Debt Oversize Station Park Bridge No. Area Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due 077 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 078 7475 $320.00 $244.00 $27.76 $153.55 $418.77 $48.41 079 8218 $320.00 $244.00 $30.52 $168.80 $460.35 $53.21 080 15184 $470.00 $244.00 $56.38 $311.94 $850.74 $98.32 081 10779 $320.00 $244.00 $40.03 $221.43 $603.90 $69.78 082 8184 $320.00 $244.00 $30.39 $168.13 $458.54 $52.98 083 8,321 $320.00 $244.00 $30.90 $170.91 $466.12 $53.89 084 7800 $320.00 $244.00 $28.96 $160.26 $437.08 $50.51 085 8400 $320.00 $244.00 $31.19 $172.55 $470.58 $54.39 086 7200 $320.00 $244.00 $26.74 $147.92 $403.43 $46.62 087 7800 $320.00 $244.00 $28.96 $160.26 $437.08 $50.51 088 7800 $320.00 $244.00 $28.96 $160.26 $437.08 $50.51 089 8400 $320.00 $244.00 $31.19 $172.55 $470.58 $54.39 090 7200 $320.00 $244.00 $26.74 $147.92 $403.43 $46.62 091 8305 $320.00 $244.00 $30.84 $170.61 $465.30 $53.78 092 9372 $320.00 $244.00 $34.80 $192.51 $525.03 $60.69 093 7542 $320.00 $244.00 $28.01 $154.94 $422.57 $48.83 094 8000 $320.00 $244.00 $29.71 $164.32 $448.14 $51.81 095 7995 $320.00 $244.00 $29.69 $164.26 $447.98 $51.77 096 7995 $320.00 $244.00 $29.69 $164.26 $447.98 $51.77 097 7,380 $320.00 $244.00 $27.40 $151.61 $413.49 $47.78 098 8610 $320.00 $244.00 $31.97 $176.90 $482.46 $55.75 099 7995 $320.00 $244.00 $29.69 $164.26 $447.98 $51.77 100 8536 $320.00 $244.00 $31.70 $175.33 $478.17 $55.27 document:\q\print\h490216-Aug-00