HomeMy WebLinkAboutT-4945 - Agreement/Covenant - 8/14/2006 RsTv� -�v
CITY OF FRESN9
DEVELOPMENT DEPARTMENT
2600 STREET FRESNO CASNO 93721 3604 ,Z000,Zeeelb 81sA
r�i:�'� iE: CUi�F'•��ig�9
ABOVE SP.AC EOR RECORDER'S'USE BNLX.,
APN: 509-010-05 CITY of FRESNO
Tract No. 4945 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, McCAFFREY DEVELOPMENT, L.P., a California Limited
Partnership, 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 17, inclusive, of Tract No. 4945, in the City of Fresno, Co my of
Fresno, State of California, according to the ap thereof recorded on .
2000 in Volume , of Plats at Pages
Fresno dounty 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
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.4945
(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
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 7
DATED: Lino,,, r z
CITY OF FRESNO, COVENANTOR
a Municipal Corporation
McCAFFREY DEVELOPMENT, L.P., a
`.`�
California Limited Partnership
By:
isP. Yovino, Director By: McCaffrey Construction, Inc.,
DevIlopment Department General Partner
APPROVED AS TO FORM:
By:
HILDA CANTO MONTOY Robert A. McCaffrey, President
City Attorney
By:
By: 4--." David Ciabattari, ief
Deputy Operating Officer
(Covenantor: Attach Notary
Acknowledgments)
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 , 2000 before me, CG (GC
personally appeared E. t lZ-Cfw
personally known to me (or provA 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:
DEPUT,f)
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)
16 - 1 inch Meters @ $ 320.00/Meter = $ 5,120.00
1 - 1.5 inch Meters @ $ 470.00/Meter = $ 470.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
6.0932 Gross Acres @ $ 560/GA = $ 3,412.19
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 3,412.19
D. Transmission Grid Main Bond Debt Service Charge
For Parcels 5 Gross Acres and Above
6.0932 Gross Acres @ $243.00 /ac. = $ 1,480.65
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,480.65
E. Frontage Fee
930 Lineal Feet @ $3.25 /LF = $ 3,022.50
Estimated Deferred Frontage Fee = $ 3,022.50
F. 1994 Bond Debt Service Fee
1994 Bond Debt Service Area.
Units @ $ /Unit = $ N/A
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: 18
109,685 Square Feet @ $0.05/Sq Ft. _ $ 5,484.25
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 5,484.25
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: 14
6.0932 Gross Acres @ $ 282.00/GA = $ 1,718.28
B. UGM Neighborhood Park Fee
Service Area: 5
6.0932 Gross Acres @ $ 1,695.00 GA = $ 10,327.97
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
4.7373 Net Adj Acres @ $ 1,930.00/NAA = $ 9,142.99
Less Estimated Major Street Credit = $ 6,000.00
Major Street Charge = $ 3,142.99
E. UGM Major Street Bridge Charge
Service Area: C/D-2
4.7373 Net Adj Acres @ $ 65.00/NAA = $ 307.92
F. UGM Traffic Signal Charge
4.7373 Net Adjusted Acres @ $ 860 /NAA = $ 4,074.08
Less Estimated Traffic Signal Credit = $ 5,500.00
Major Street 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
4.7373 Net Adjusted Acres @ $ 262.00/NAA = $ 1,241.17
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
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STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On Dec . 4, 2000 }},,efor e tl�e undersigned, a Notary Public for the State of
d er mA' McCaffrey &
California, personally appeared, Davi d Ci abattari43xx
�5at �St� �s(or personally known to me) to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me thatlxkhmithey executed the same
in hrt Vtheir authorized capacities, and that by;bjo&j/their signatures on the instrument the
person(s) or the entity on behalf of which the persons acted, executed the instnunent.
WITNESS my hand and official seal.
Notary Public
►,.5. My Commission Expires: Aug. 16 , 2003
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