HomeMy WebLinkAboutT-4988 - Agreement/Covenant - 8/15/2006 (2) Recording Requested by:
City of Fresno
No Fee-Govt.. Code Sections
6103 and 27383
When Recorded, Mail To: 1112512002j20020211904
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3623 ' ` ` O��FO��°�
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P.W. File No. 10441 CITY of FRESNO
Project ID: Tract 4988 Planning& 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, Image 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 8, inclusive, on the Final Map of Tract No. 4988 , in the City of
Fresno, County of Fresno, State of California, a cording to the map thereof
recorded on ZS, JDl7?_ , in Volume L , of Plats at Pages 90-97,
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
Page 2
C. WHEREAS, the conditions of approval of Vesting Tentative Tract No. 4988
(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
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
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 3
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.
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 4
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 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.
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.
Statement of Covenants
Deferring Fees and
Creation of Lien
Page 5
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.
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 6
DATED: 1 1 - 1 3 -0?-
CITY
02CITY OF FRESNO, COVENANTOR
a Municipal Corporation IMAGE HOMES, INC.
A CALIFORNIA CORPORATION
By:
jNk . Yovino, Director Planning By:
evelopment Department St art, CEO/Treasurer
APPROVED AS TO FORM: *in
22
an, Or sident/S etary
HILDA CAN MO OY
City Attorn
By:
Deputy
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On November 14,2002, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared,Nick P. Yovino, Planning and Development Director, known to me (or proved to
me on the basis of satisfactory evidence)to be the person(s) whose name(s) 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),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNE55 my hand and official City Seal.
REBECCA E. KL15CH
City Clerk
0 0
Byl`� �
Deputy
EXHIBIT "A"
DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS
Project Zoning: R-1-B/UGM
I. WATER CONNECTION CHARGES
A. Service Connections (flat rate cost basis only) _ $ N/A
B. Meters (flat rate cost basis only)
8 - 1.5 inch Meters @ $_470.00/Meter = $ 3.760.00
C. UGM Transmission Grid Main (TGM) Charge
UGM Reimbursement Area: A
4.3430 Net Acres @ $ 700 /NA = $ 3.040.10
Less TGM Credit = $ 0.00
Estimated Net Deferred UGM TGM Charge = $ 3.040.10
D. Transmission Grid Main Bond Debt Service Charge
For Parcels Under 5 Gross Acres
4.3430 Net Acres @ $304.00/ac. _ $ 1.320.27
Less TGM Bond Debt Service Credit = $ 0.00
Estimated Net Deferred TGM Bond Debt Service Charge = $ 1,320.27
E. Frontage Fee
939 Lineal Feet @ $ 6.50/LF = $ 6.103.50
Estimated Deferred Frontage Fee = $ 6,103.50
F. 1994 Bond Debt Service Fee
201 1994 Bond Debt Service Area.
_I 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
83,900 Square Feet @ $0.05/ Sq. Ft. _ $ 4,195.00
Less Oversize Credit = $ 0.00
Estimated Net Deferred UGM Oversize Charge = $ 4,195.00
B. Lateral Sewer Charge
83,900 Square Feet @ $0.10/ Sq. Ft. _ $ 8.390.00
C. Housebranch Sewer Charge = $ N/A
D. Millbrook Sewer Overlay = $ 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: 2
4.8460 Gross Acres @ $_L22.00 /GA - _ $ 591.21
B. UGM Neighborhood Park Fee
Service Area: 6
4.8460 Gross Acres @ $_498.00/GA = $ 2,413.31
C. UGM Trunk Sewer Fee(Res 83-40) _ $ 0.00
D. UGM Major Street Charge
Service Area: C/D-2
4.3430 Net Adj Acres @ $1,930.00 /NAA = $ 8.381.99
Less Estimated Major Street Charge Construction Credits = $ 57,208.00
Major Street Charge = $ Paid w/credits
E. UGM Major Street Bridge Charge
Service Area: C/D-2
4.3430 Net Adj Acres @ $ 65.00/NAA = $ 282.30
F. UGM Traffic Signal Charge
4.3430 Net Adjusted Acres @ $ 860/NAA = $ 3,734.98
G. UGM Grade Separation Charge = $ 0.00
H. UGM At-Grade Railroad Crossing Charge
Service Area: C/D-1
4.3430 Net Adjusted Acres @ $ 262.00/NAA = $ 1.137.87
1. 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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County ofo ,
On opo before me, �u/K �•��!
Date 3 - m
-• Nae and Title of Officer(e.g.,"Jane Doe,Notary Public")
� personally appeared �l �r 1
O{ Names)of Signer(s) �I
❑personally known to me i5
.N-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
I acknowledged to me that he/she/they executed
the same in his/her/their authorized
I capacity(ies), and that by his/her/their i
signature(s)on the instrument the person(s), or
i JANET R DANIEL the entity upon behalf of which the person(s)
_ Con rr"on#1367115 Z acted, executed the instrument.
Notary Public-Cakfomia f
Fresno CountyWITNESS my hand and fficial seal.
*Comm"Ex0m JuI28,2006 �Ci7
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OPTIONAL
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Description of Attached Document
Title or Type of Document: Ole
Document Date: Number of Pages:
I
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
I
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-FactY
❑ Trustee
❑ Guardian or Conservator =
❑ Other:
Signer Is Representing:
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0 1998 Naii Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2002•www.nationakolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-676.6627
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I• I
State of California
County of
ss.
On �G� ?I before me,
Date Name and Title of Officere.
( g.,'Jane Doe,Notary Public')
personally appeared Y!/L Mx1li
Name(s)of Signer(s)
❑personally known to me
lkproved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) istare
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
JANET R.DANIEL the entity upon behalf of which the person(s)
Conrnlssion#1367115 Z acted,executed the instrument.
Notary PubUc-Callfomla
41 Fmno Courtly WITNESS my hand an official seal.
Q*Cornrn.EVkftjW28,2006 ^
Signa, Notary Public
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: .Sfean'(.QA2
Document Date: ��ff �� Number of Pages: lY
Signer(s)Other Than Named Above: klf;-C,//��• �
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of ttwmb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Nationat Notary Associabon•9350 0e Soto Ave.,P.O.Boz 2402•ChaitswoM,CA 91 31 3-2 402•www.nadonalrio".org Prod.No.5907 Reorder:Call Toll-Free 1400-876-6827